1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12297 of 2011 MURUGAN ... PETITIONER/5TH ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, IN CR.NO. 391/2011, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D.MALAICHAMY Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A5 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 353, 379, 506(ii) IPC and 4(1), 4(2A) r/w 21(1) and 5 of the Mines and Minerals (Development and Regulation) Act, in Crime No.391 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that on 09.09.2011, the accused Nos.1 to 5 with the help of JCP machine,which is owned by the petitioner, have collected the sand illegally. Immediately, the case has been registered against them. A1 and A2 were arrested and enlarged on bail. He further submitted that the petitioner is nothing to do with the commission of the offence and he is only the owner of the JCP machine and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is owner of the JCP machine, which was used for collecting the sand illegally and the value of the sand is worth about Rs.10,500/- and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 09.09.2011 at about 8.45 p.m. and the accused Nos.1 & 2 were arrested https://hcservices.ecourts.gov.in/hcservices/ 2 and enlarged on bail and this petitioner is a owner of the JCP machine, which was used for collecting the sand illegally from the river, I am inclined to grant anticipatory bail to the petitioner. 5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sivagiri, subject to the following stringent conditions:- (i) The petitioner shall deposit a sum of Rs.10,500/- to the credit of Crime No.391 of 2011 before the learned Judicial Magistrate, Sivagiri; (ii) On such deposits he shall execute a separate 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 Judicial Magistrate, Sivagiri, and (iii) The petitioner shall appear before the learned Judicial Magistrate, Sivagiri, daily at 10.30 a.m. until further orders. (iv) The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,SIVAGIRI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION,TIRUNELVELI DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. D.MALAICHAMY Advocate SR.No.31932 ORDER IN CRL OP(MD) No.12297 of 2011 Date :16/09/2011 PA/20.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/