IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.1132 of 2022

Rajasekaran ... Petitioner

Vs.

State represented by

Inspector of Police,

Maduranthakam Police Station,

Chengelpattu District

Crime No.730 of 2021.

... Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C.,

praying to enlarge the petitioner on bail in the event of his arrest

by the respondent police in Cr.No.730 of 2021 on the file of the

respondent police.

For Petitioner : Mr. B.Balavijayan

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor

ORDER

(This case has been heard through video conference)

The petitioner, who apprehends arrest at the hands of the

respondent police for the alleged offences punishable under Section 21

(1) of the Mines and Minerals (Development and Regulation) Act, 1957,

in Crime No. 730 of 2021, on the file of the respondent police, seeks

anticipatory bail.

2.The case of the prosecution is that the petitioner along with

other accused was found in illegal transportation of M sand without

valid permit. Hence the complaint.

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3. The learned counsel appearing for the petitioner submits that

the petitioner is an innocent person and he has not committed any

offence as alleged by the prosecution and hence he prays for grant of

anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that there

is no previous case pending against other petitioner. However, he

opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, this Court

is inclined to grant anticipatory bail to the petitioner.

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 (15) days after lifting of lockdown or the commencement of the

Court's normal functioning whichever is earlier, before the Learned

Judicial Magistrate, Maduranthakam 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:

[a] the petitioner is directed to deposit a non-

refundable fund of Rs.10,000/- to the Advocate Clerks

Association, High Court of Madras, Chennai within a period

of fifteen (15) days after lifting of lockdown or the

commencement of the Court's normal functioning whichever is

earlier and shall produce the said receipt before the

Court below; and futher 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;

[b] the petitioner shall report before the respondent

police daily at 10.30.a.m., until futher orders.

[c] the petitioner shall not tamper with evidence or

witness either during investigation or trial;

[d] the petitioner shall not abscond either during

investigation or trial;

[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 has been imposed and the

petitioner is released on bail by the learned

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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;

[f] if the accused thereafter absconds, a fresh FIR can

be registered under Section 229-A IPC;