Allowed

Ameeran v. State by the Inspector of Police

Madras HC23 Sept 2022CRL OP/21203/2022

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner accused of illegally transporting gravel sand, directing him to deposit Rs.15,000 with the District Mineral Foundation Trust, execute a bond with sureties, and comply with specific reporting and conduct conditions.

What did the court decide?

Petitioner released on bail upon deposit of Rs.15,000 with District Mineral Foundation Trust and execution of bond with sureties under specified conditions.

Ameeran Vs State by the Inspector of Police — Anticipatory Bail | Madras HC (2022)

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Crl.O.P.No.21203 of 2022

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,Crl.O.P.No.21203 of 2022

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A.D.JAGADISH CHANDIRA,J.

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The petitioner, who apprehends arrest at the hands of the

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respondent police for the offences punishable under Section 379, 430 of IPC, r/w 21(5) of Mines and Minerals (Development & Regulation) Act 1957 in Crime No. 381 of 2022, seek anticipatory bail.

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The case of the prosecution is that on 25.08.2022, the petitioner had illegally transported 3 units of Gravel sand by way of lorry without any valid license. Hence, the complaint.

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The learned counsel for the petitioner would submit that the

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the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (crl.side) appearing for the respondent police would submit that the petitioner had illegally transported 3 units of gravel sand in a lorry. He would further submit that there is no previous case as against him. However, he opposed to grant anticipatory bail to the petitioner.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21203 of 2022

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5.In view of the rehabilitation undertaken under the Tamil

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Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court.

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6.Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions

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[a] the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or on his appearance and on production of proof of payment of the above amount

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21203 of 2022

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[b] the petitioner shall execute a bond for a sum of Rs.25,000/(Rupees Twenty Five 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 Judicial Magistrate, Chengam failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:-

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

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[d] the petitioner shall report before the respondent police on every day at 10.30 am until further orders.

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

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[f] the petitioner shall not abscond either during investigation or

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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 petitioner in accordance with law as if the conditions have been imposed Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21203 of 2022

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and the petitioner is 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].

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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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23.09.2022

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A.D.JAGADISH CHANDIRA,J.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21203 of 2022

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Crl.O.P.No.21203 of 2022

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23.09.2022

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

Ameeran v. State by the Inspector of Police

Case brief

What is this about?

What did the court decide?

Ameeran v. State by the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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