Dismissed

Murugesan v. State Rep by

Madras HC1 Nov 2021CRL OP/20635/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to petitioners charged with illegal sand transportation under IPC and Mines Act. Bail was secured on condition of surrender within 15 days, executing a bond with sureties, and making a non-refundable deposit to the District Mineral Foundation Trust for rehabilitation, without admission of guilt.

What did the court decide?

Petitioners released on bail with conditions: surrender in 15 days, specific bond, Rs.5,000 deposit to Trust, and prohibition against absconding or tampering.

Murugesan Vs State Rep by — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Monday, the First day of November Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice M.DHANDAPANI

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CRIMINAL ORIGINAL PETITION No.20635 of 2021

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1 MURUGESAN [ PETITIONERS / ACCUSED ] 2 R. KANDASAMY

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STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT (CRIME NO.996/2021)

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For Petitioner : M/S W.CAMYLES GANDHI Advocate

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For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners, who apprehend arrest for the alleged offence under Section 379 of IPC & Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.996 of 2021 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the petitioners were involved in illegal transportation of 2 ½ units of gravel sand by using tipper lorry.

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3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioners, without prejudice to their rights, and on their own volition are ready to deposit a sum of Rs.5,000/- to the Mineral Foundation Trust that may be imposed by this Court.

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4.The learned Government Advocate (Crl.Side) submitted that the petitioners were involved in illegal transportation of 2 ½ units of gravel sand by using tipper lorry and the same was seized by the respondent police and there are no previous cases pending against the petitioners. He further submitted that if the persons are caught with

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https://hcservices.ecourts.gov.in/hcservices/

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illegal sand in the mining area, necessarily they could be released on bail by imposing condition of deposit of any amount as may be ordered by this Court. In view of formation of District Mineral Foundation Trust in each District, the amount may directed to be deposited to the credit of the said Trust for rehabilitation in the areas affected by illegal sand mining.

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5.In view of the rehabilitation undertaken by the State Government under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities and also considering the submission made by the learned counsel for the petitioners, this Court is of the opinion that the petitioners may be directed to make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the Trust for rehabilitation works.

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6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

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It is made clear that the deposit of the amount by the petitioners to the Trust would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of anticipatory bail.

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8.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sulur, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/(Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b)the petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners;

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https://hcservices.ecourts.gov.in/hcservices/

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(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(d)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

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(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(f)the petitioners shall not abscond either during investigation or trial;

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(g)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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01/11/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, SULUR

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2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE(FOR INFORMATION)

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3 INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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https://hcservices.ecourts.gov.in/hcservices/

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5 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, COIMBATORE.

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CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.12275

CRL OP.20635/2021

Date :01/11/2021

RVR 18/11/2021

https://hcservices.ecourts.gov.in/hcservices/

Murugesan v. State Rep by

Case brief

What is this about?

What did the court decide?

Murugesan v. State Rep by

Case brief

What is this about?

What did the court decide?

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