Allowed

Niveshan v. The Inspector of Police

Madras HC5 Jan 2024CRL OP(MD)/130/2024

Case brief

AI extract

What is this about?

Petitioner facing arrest in an illegal river-sand transportation case under Section 379 IPC and the MMDR Act sought anticipatory bail. The court granted it with conditions including a non-refundable Rs.50,000 deposit to the District Mineral Foundation Trust, bond execution, daily reporting and non-tampering conditions.

What did the court decide?

Anticipatory bail granted subject to conditions including Rs.50,000 non-refundable deposit to District Mineral Foundation Trust, Rs.10,000 bond with two sureties, surrender within 15 days and daily po

Niveshan Vs The Inspector of Police — Anticipatory Bail | Madras HC (2024)

¶1

CRL OP(MD) No.130 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT

¶3

The Hon`ble Mr.Justice M.DHANDAPANI

¶4

NIVEDHAN

¶5

... PETITIONER / ACCUSED NOT KNOWN

¶6

¶7

THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT, CRIME NO.496/2023 ... RESPONDENT / COMPLAINANT

¶8

For Petitioner : Mr.T.LENINKUMAR Advocate

¶9

For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side)

¶10

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

¶11

PRAYER:

¶12

FOR ANTICIPATORY BAIL IN CRIME NO.496/2023 ON THE FILE OF THE RESPONDENT POLICE

¶13

ORDER : The Court Made the following order :-

¶14

The petitioner/Accused Rank Not Known who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 IPC and Section 21(1)(2) of Mines and Minerals (Development and Regulation) Act, 1957 in Cr.No.496 of 2023, seeks anticipatory bail.

¶15

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

¶16

1/6

¶17

CRL OP(MD) No.130 of 2024

¶18

2.The case of the prosecution is that the petitioner was involved in illegal transportation of ¼ unit of river sand by using a Tipper Lorry bearing Reg.No.TN47-AM-1329.

¶19

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submitted that the petitioner, without prejudice to his rights, is ready to deposit the amount a sum of Rs.50,000/- to the Mineral Foundation Trust.

¶20

4.The learned Government Advocate (Crl.Side) submitted that the vehicle involved was seized by the respondent police and he further submitted that if the person is caught with illegal sand in the mining area, he has to be directed to deposit the conditional amount to the credit of Crime number. However, in view of formation of District Mineral Foundation Trust in each District, the amount may be deposited to the credit of the said Trust for rehabilitation in the areas affected by illegal sand mining.

¶21

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 petitioner, this Court is of the opinion that the petitioner shall be https://www.mhc.tn.gov.in/judis

¶22

2/6

¶23

CRL OP(MD) No.130 of 2024

¶24

directed to make a non refundable deposit of Rs.50,000/- (Rupees Fifty 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.

¶25

6.It is made clear that the deposit of the amount by the petitioner 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.

¶26

7.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶27

8.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 Judicial Magistrate Court No.II, Karur, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

¶28

(a)if the petitioner failed to surrender before the concerned Magistrate within a https://www.mhc.tn.gov.in/judis

¶29

3/6

¶30

CRL OP(MD) No.130 of 2024

¶31

period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

¶32

(b)the petitioner shall make a non refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

¶33

(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;

¶34

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

¶35

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

¶36

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

¶37

(g)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial

¶38

Court is entitled to take appropriate action against the petitioner in accordance with

¶39

law as if the conditions have been imposed and the petitioner released on bail by the https://www.mhc.tn.gov.in/judis

¶40

4/6

¶41

CRL OP(MD) No.130 of 2024

¶42

learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court

¶43

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

¶44

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

¶45

sd/05/01/2024

¶46

/ TRUE COPY /

¶47

/01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

¶48

DSS

¶49

¶50

1 THE JUDICIAL MAGISTRATE NO.II KARUR.

¶51

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

¶52

3 THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT

¶53

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶54

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

¶55

5/6

¶56

CRL OP(MD) No.130 of 2024

¶57

COPY TO:

¶58

THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, KARUR.

¶59

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-314[I] dated 08/01/2024 )

¶60

ORDER IN CRL OP(MD) No.130 of 2024 Date :05/01/2024

¶61

SS/JGB/SAR- /10/01/2024/6P/7C

¶62

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

¶63

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

¶64

6/6

Niveshan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Niveshan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manikandan @ Neruppu Kuchi Vs The Inspector of Police

Manikandan Vs The Inspector of Police

Adhisiva Vs The Inspector of Police

Vasanthi Vs The Inspector of Police

Kalidass Vs The Inspector of Police

Packiyaraj @ Backiyaraj Vs The Inspector of Police