Allowed

Karthikaivelu v. The Inspector of Police

Madras HC11 Aug 2021CRL OP(MD)/10426/2021

Case brief

AI extract

What is this about?

The Court allowed a petition for anticipatory bail regarding illegal transportation of river sand. The petitioner was directed to pay a fine to the Chief Minister Public Relief Fund and execute a bail bond. The police were also directed to confiscate vehicles used in the alleged illegal mining under the relevant Act.

What did the court decide?

Anticipatory bail granted on condition of paying Rs. 7,500 to CMPRF and executing a bond of Rs. 10,000 with two sureties.

Karthikaivelu Vs The Inspector of Police — Land Acquisition | Madras HC (2021)

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CRL OP(MD). No.10426 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 11/08/2021

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PRESENT

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The Hon`ble Mr.Justice B.PUGALENDHI

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CRL OP(MD). No.10426 of 2021

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Karthikaivelu ... Petitioner/Accused No.2

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The State represented by The Inspector of Police, Nainarkovil Police Station, Ramanathapuram District. (Cr.No.73 of 2021). ... Respondent/Complainant

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For Petitioner : Mr.B.Ramamoorthi, Advocate. For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory bail in Crime No. 73 of 2021 on the file of the Respondent police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.73 of 2021, seeks anticipatory bail.

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The case of the prosecution is that on 21.03.2021, the petitioner had illegally transported half unit of river sand by using tractor. Hence, the complaint.

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The learned counsel for the petitioner submits that the petitioner is an innocent person and he is falsely implicated in this case. Further, he would submit that the petitioner has no previous case.

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

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CRL OP(MD). No.10426 of 2021

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The learned Government Advocate (Criminal Side), on instructions, would submit that the petitioner had illegally transported half unit of river sand without permit. He would further submit that no other case of similar nature is pending against the petitioner.

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This is the third anticipatory bail application. The earlier anticipatory bail application filed before this Court by the petitioner in Crl.OP(MD)No.4954 of 2021 was dismissed on 07.04.2021. Subsequently, another petition was dismissed as withdrawn. However, considering the facts and circumstances of the case, nature of allegation levelled against the petitioner and the fact that the petitioner has no previous case of similar nature, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is allowed and the petitioner is granted anticipatory bail on condition that the petitioner shall pay a sum of Rs.7,500/(Rupees Seven Thousand and Five Hundred only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Judicial Magistrate, Paramakudi.

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On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Paramakudi on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the Magistrate concerned and on further conditions that:

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[a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b]the petitioner shall report before respondent police daily at 10.30 am., until further orders.

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[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[d]the petitioner shall not abscond either during investigation or trial.

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

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CRL OP(MD). No.10426 of 2021

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[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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7.It is needless to say that any tool or instrument or vehicle used for illegal quarrying/ transportation of sand is liable to be seized under Section 21(4) of the Mines and Minerals(Development & Regulation) Act, 1957 and any vehicle or instrument or tool which has been seized under Section 21 (4) of the Mines and Minerals (Development & Regulation) Act, 1957, is liable to be confiscated under Section 21(4-A) of the Act.

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8.Though the above provision mandates the authorities to confiscate the tool or instrument or vehicle involved in the commission of the offence of illegal quarrying/transportation of sand, the authorities have not invoked the provision of 21 (4-A) of the Mines and Minerals(Development & Regulation) Act, 1957 and therefore, a Division Bench of this Court in W.P.No.19936 of 2016, etc., batch has emphasized the need for confiscation of the vehicles. Consequently, the Government has also issued certain directions to the authorities of Revenue, Police, Forest, Geology and Mining departments to seize the vehicles and for confiscation of the same in G.O.Ms.No.170, Industries MMC-II Department, dated 05.08.2020. Therefore, the respondent police is directed to proceed further as per Section 21 (4-A) of the Mines and Minerals (Development & Regulation) Act, 1957 and as per the guidelines issued in G.O.Ms.No.170, Industries MMC-II Department, dated 05.08.2020.

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sd/11/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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