Veeramani And Others vs State

A.D.Jagadish Chandira, J

The petitioners, who were arrested and remanded to judicial custody on 17.08.2022 for the offences punishable under Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and Section 379 of IPC, in Crime No.216 of 2022 on the file of the respondent police, seek bail.

The case of the prosecution is that on 17.08.2022 at about 12.30 p.m., on receipt of the secret information, the defacto complainant/VAO along with the other officials were conducted raid from Jayamkondan to Kumbakonam. At that time, the petitioners were found in transportation of 1 unit of pebbles by using lorries, without any valid permit from the Government. Hence, the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. Therefore, he prays for grant of bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that on 17.08.2022, on receipt of the secret information, the defacto complainant/VAO along with the other officials were conducted raid from Jayamkondan to Kumbakonam. At that time, the petitioners were found in transportation of 1 unit of pebbles by using lorries, without any valid permit from the Government. He would further submit that the 1st petitioner has got two previous cases of similar nature and the 2nd petitioner has got one previous case of similar nature. Therefore, he vehemently opposed to grant bail to the petitioners.

At this juncture, the learned counsel for the petitioners would submit that without prejudice, the 1st petitioner is prepared to deposit a sum of Rs.50,000/- and the 2nd petitioner is prepared to deposit a sum of Rs.25,000/- to any welfare scheme of the Government and he prays for grant of bail to the petitioners.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the 1st petitioner is prepared to deposit a sum of Rs.50,000/- and the 2nd petitioner is prepared to deposit a sum of Rs.25,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the 1st petitioner is directed to make a non refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) and the 2nd petitioner is directed to make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only), by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned, without prejudice to their rights and contentions before the trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing 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 learned Judicial Magistrate No.I, Cuddalore, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

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