Allowed

Sarathi Kumar v. State Rep by

Madras HC28 Dec 2023CRL OP/29185/2023

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner, who faced charges of illegally transporting mineral sand, subject to specific conditions involving police reporting, bond execution, and non-tampering with evidence.

What did the court decide?

Petitioner released on anticipatory bail via bond for Rs. 10,000 with two sureties, subject to conditions of police reporting and non-attendance avoidance.

Sarathi Kumar Vs State Rep by — Mining and Natural Resources | Madras HC (2023)

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Crl.O.P.No. 29185 of 2023

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CRL.O.P.No.29185 of 2023

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P.DHANABAL, J.

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The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC read with 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.211 of 2023 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner is alleged to

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have transported 1/4 unit of mineral sand illegally. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate appearing for the respondent

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police submitted that the quantity of mineral sand involved is 1/4 unit. He

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.No. 29185 of 2023

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further submitted that there are no previous cases as against the petitioner.

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Heard both sides and perused the materials available on record.

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Considering the nature of offence and considering the quantity

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of the material and also considering the fact that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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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 on which the order copy made ready, before the learned Judicial Magistrate, Needamangalam , 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 condition that:

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[a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for the

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.No. 29185 of 2023

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interrogation.

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

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

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[d] 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].

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

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28.12.2023

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mkn2

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https://www.mhc.tn.gov.in/judis 3/4

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3/4

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Crl.O.P.No. 29185 of 2023

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P.DHANABAL, J.

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mkn2

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Crl.O.P.No.29185 of 2023

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28.12.2023

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https://www.mhc.tn.gov.in/judis 4/4

Sarathi Kumar v. State Rep by

Case brief

What is this about?

What did the court decide?

Sarathi Kumar v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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