Madras High Court Grants Bail as Accused Undertakes to Deposit Rs 2 Lakh For School Toilet Construction

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Synopsis

Court was apprised that the accused had 13 previous cases against him, however, under the facts and circumstances of the present matter as well as the accused's undertaking, it decided to grant bail with certain conditions

The Madras High Court at Madurai Bench recently granted bail to a man in an illegal sand quarrying case after he undertook to deposit Rs.2,00,000 to a government school for building toilets.

The bench of Justice M Dhandapani noted in the order dated January 31, 2024, that the accused submitted that he, on his own volition, was ready to deposit the money to the Panchayat Union Middle School, K.Nattapatti, Chellampatti Block, Usilampatti Taluk, Valandur Post, Madurai District, for making toilet facility to the welfare of the students.

Court took this into consideration and granted the accused bail with certain conditions.

Apart from execution of a bond for a sum of Rs.10,000 with two sureties, each for a like sum to the satisfaction of the concerned court, the high court directed the accused to submit the proof of payment of Rs 2 lakh before the concerned Court, within two weeks.

"...failing which, the bail already granted shall stand vacated automatically," court ordered. 

The accused namely Anwar @ Anwar Raja @ Chinnasamy was arrested and remanded to judicial custody on December 27, 2023 for the offences punishable under Section 379 of IPC and Section 21(5) of Mines and Minerals (Development and Regulation) Act.

The case of the prosecution was that the petitioner and other accused were illegally quarrying red soil.

The bail petition was opposed by the Additional Public Prosecutor appearing for the police. He apprised the court that the accused had 13 previous cases registered against him. 

However, the court took note of the accused's undertaking and expressed its inclination to grant the bail. 

Case Title: Anwar @ Anwar Raja @ Chinnasamy v.  The Inspector of Police, Saptur Police Station, Madurai District