Crl.O.P.No.992 of 2023

Crl.O.P.No.992 of 2023

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the

respondent police for the offences punishable under Sections 379, 430 IPC

r/w 21(1) of Mines & Minerals (Development & Regulation)Act, in Crime

No.118 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was indulged in

illegal transportation of 1/4 unit of river sand by using bullock cart. Hence,

the complaint.

3. Learned counsel appearing for the petitioner submitted that the

petitioner is an innocent person and he has been falsely implicated in this

case. However, on instructions, the learned counsel further submitted that the

petitioner without prejudice his rights, on his own volition, is ready and

willing to contribute some amount to any charitable trust as may be directed

by this Court and he prays to grant anticipatory bail to the petitioner.

Page 1 of 4

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

Crl.O.P.No.992 of 2023

4. Learned Government Advocate (Crl.Side) appearing for the

respondent opposed for granting anticipatory bail to the petitioner by stating

that the petitioner was indulged in illegal transportation of 1/4 unit of river

sand by using bullock cart.

5. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) for the respondent and perused the entire

materials available on record.

6. Taking into consideration the facts and circumstances of the case

and the submissions made by the learned counsel and also considering the

fact that the petitioner without prejudice to his rights, on his own volition, is

ready and willing to contribute some amount to any charitable trust, this Court

is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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

Page 2 of 4

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

Crl.O.P.No.992 of 2023

date on which the order copy made ready, before the learned Judicial

Magistrate No.I Virudhachalam, 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, failing which, the petition for anticipatory bail shall

stands dismissed and on further condition that:

[a] the petitioner is directed to deposit a sum of

Rs.5,000/- (Rupees Five Thousand only) to the credit of

Registered Advocate Clerks Association, Cuddalore within

a period of two weeks from the date of receipt of a copy of

this order and shall produce the said receipt before the Court

below;

[b] the petitioner and 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;

[c] the petitioner shall report before the

respondent police daily at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with evidence or

witness either during investigation or trial;

Page 3 of 4

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

Crl.O.P.No.992 of 2023

T.V.THAMILSELVI, J.

drl

[e] the petitioner shall not abscond either during

investigation or trial;

[f] 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 has been imposed 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]; and;

[g] if the accused thereafter absconds, a fresh FIR

can be r