BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15722 of 2011 RAJ : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, MUKUDAL POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.240 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. JAYAPAUL ASSOCIATES Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners is arrayed as A2 and he prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 379 I.P.C., and Section s21(1)(4) of Mines and Minerals Act, in Crime No.240 of 2011, on the file of the respondent-police and hence, seeks anticipatory bail. 2. Heard M/s.Jayapaul Associates, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Crl.side) appearing for the State. 3. The learned counsel appearing for the petitioners would submit in his argument that the petitioner is an innocent person and he has not committed any offence and hence, he prays for anticipatory bail in favour of the petitioner. 4. The learned Additional Public Prosecutor (Crl.side) would submit in his argument that the pond sand was illegally transported by the petitioner without any valid permit. He would further submit in his argument that the investigation is offing and the plea of the petitioner for grant of anticipatory bail may not be considered. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,500/- (Rupees One thousand five hundred only) to the credit of Crime No.240 of 2011 on the file of the learned Judicial Magistrate, Cheranmahadevi and on receipt of the same, the petitioner is entitled to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Cheranmahadevi and on executing 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 learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The said amount shall not be released without the order of this Court. 6. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. Sd/- 01/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, MUKUDAL POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. JAYAPAUL ASSOCIATES Advocate SR.No.42296 ORDER IN CRL OP(MD) No.15722 of 2011 Date :01/12/2011 NSV/7.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/