Allowed

Stephenraj v. The Inspector of Police

Madras HC3 Aug 2021CRL OP(MD)/6770/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a case of illegal sand transport. The bail was subject to execution of a bond and strict reporting conditions. The Court also directed police authorities to proceed with confiscation of seized vehicles under the Mining Act as per a Division Bench order.

What did the court decide?

Petitioner released on bail upon arrest with a sum of Rs. 10,000 with two sureties; directed police to confiscate seized vehicle under Section 21(4-A) of the Mining Act.

Stephenraj Vs The Inspector of Police — Cheque Dishonour | Madras HC (2021)

¶1

CRL OP(MD)No.6770 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 03/08/2021

¶5

PRESENT

¶6

The Hon`ble Mr.Justice B.PUGALENDHI

¶7

CRL OP(MD)No.6770 of 2021

¶8

Stephenraj ... Petitioner/Accused (Rank Not Known)

¶9

¶10

State Rep by The Inspector of Police, Lalgudi Police Station, Trichy District Cr.No.283 of 2021. ... Respondent/Complainant

¶11

For Petitioner : M/s.Lenin Kumar.T,

¶12

Advocate.

¶13

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

¶14

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

¶15

PRAYER :-

¶16

For anticipatory bail in crime no. 283 of 2021 on the file of the respondent police

¶17

ORDER : The Court made the following order :-

¶18

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC in Crime No.283 of 2021, seeks anticipatory bail.

¶19

2.The case of the prosecution is that the petitioner has illegally transported one unit of river sand on 21.04.2021 in Bolero Maxi Truck bearing registration No.TN-48-AS-0317. Hence, the present case came to be registered.

¶20

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated https://hcservices.ecourts.gov.in/hcservices/ in this case.

¶21

1/3

¶22

CRL OP(MD)No.6770 of 2021

¶23

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner has illegally transported river sand and there is no previous case pending against the petitioner.

¶24

5.Considering the facts and circumstances of the case and the

¶25

fact that the petitioner has no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner.

¶26

6.Accordingly, 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 learned Judicial Magistrate, Lalgudi, on condition that the petitioner shall execute a 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 learned Magistrate concerned and on further conditions that:

¶27

[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.

¶28

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

¶29

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

¶30

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

¶31

[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 Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

¶32

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

¶33

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.

¶34

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

¶35

2/3

¶36

CRL OP(MD)No.6770 of 2021

¶37

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 emphasised the need for confiscation of the vehicles. Consequently, the Government has also issued certain directions to the authorities of Revenue, Police and Forest and 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 and 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.

¶38

/ TRUE COPY /

¶39

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

¶40

GNS

¶41

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.

¶42

TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

¶43