CRL OP NO.1216 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1216 of 2025 UTHAYAKUMAR R Petitioner(s) Vs State Rep. by Inspector of Police Kottakuppam PS, Villupuram, Tamil Nadu Crime No.12 of 2025 Respondent(s) For Petitioner(s): Mr.V.Balamurugan For Respondent(s): Mr.S.Santhosh, Government Advocate (Criminal Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No12/2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner was found to be running a quarry without any prermission. Hence, this case. Page No.1 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO.1216 of 2025 3. Learned counsel for the petitioner submits that the petitioner is an innocent person, who has been falsely implicated in this case. Further, he submits that the quarry which was running in the land Patta was belonging to the petitioner's wife. The petitioner has no way connection with the offences as alleged by the prosecution. Further, he submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays that anticipatory bail be granted to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submits that the petitioner was running a quarry without obtaining proper prior permission and valid license. There is no previous case pending against him. However, he opposes to grant anticipatory bail to the petitioner. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record. 6. In respect of grant or refusal of anticipatory bail to the persons indulging in illegal sand mining, smuggling and theft of sand and minerals, the Apex Court in S.Mohamed Shahul Hameed Vs. State rep. by the Inspector of Police (Special Leave to Appeal (Crl.) No.6029 of 2020 dated 11.12.2020), Page No.2 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO.1216 of 2025 while expressing disagreement with the sweep observation made by this Court on the aspect of continuous misuse of discretionary power by the offenders and the enforcers as well in an organized manner, has clarified that in consideration of anticipatory bail, the role assigned to a person would have to be considered. 7. Taking into consideration the facts and circumstances of the case and considering the nataure of the offence charged against the petitioner, and also taking note of that, the petitioner has no previous cases, this Court is inclined to grant anticipatory bail to the petitioner. However, in order to curb illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to deposit a considerable amount to any charitable organization or association, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioner may be directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of District Legal Services Authority, Villupuram District, without prejudice to his rights and contentions before the trial Court. 8. It is made clear that merely because the petitioner is depositing the amount, it would not amount to the petitioner admitting his guilt in the criminal case and such amount is being paid without prejudice to the right of the petitioner. 9. Accordingly, the petitioner shall make a non refundable deposit of Page No.3 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO.1216 of 2025 Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Legal Services Authority, Villupuram District, and on such deposit and on receipt of proof of payment, 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, Vanur, on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties 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 stand dismissed and on further conditions that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner and 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; [c] the petitioner shall report before the respondent Police everyday at 10:30 A.M., for a period of one week and thereafter, every Saturday at 10:30 A.M., until further orders; Page No.4 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO.1216 of 2025 [d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioner shall not abscond either during the investigation or during the 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 have been imposed and the petitioner was 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]; [g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 22-01-2025 klt State Rep. by , The Inspector of Police Kottakuppam PS, Villupuram Tamil Nadu (Crime No.12 of 2025) Page No.5 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO.1216 of 2025 A.D. JAGADISH CHANDIRA, J. klt CRL OP NO. 1216 of 2025 22.01.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis