1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of August Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) No.11035 of 2011 DHANAPANDIAN ... PETITIONER/ACCUSED NO.1 Vs STATE THROUGH THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI RURAL CR.NO.185 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J.GUNASHEELANMUTHIAH Advocate For Respondent : MR. A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC r/w under Section 4(i)(ii)(A) Section 21 of Mines and Minerals Regulation & Development Act, 1959, in Crime No.185 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under Sections 379 IPC r/w under Section 4(i)(ii)(A) and Section 21 of Mines and Minerals Regulation & Development Act, 1959, in Crime NO.185 of 2011. He further submitted that A2 and A3 were arrested and released on bail and the petitioner is the owner of the tractor and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that the petitioner and two others were digging the sand in Vaigai riverbed without permission and illegally transported the same worth of Rs.2,000/- they were arrested and charged with the afore-said sections. He further submitted that totally there are three accused and except this petitioner, others were arrested and enlarged on bail and the investigation is considerably over and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions, the case has been registered on15.08.2011 for illegal transportation of sand worth of Rs.2,000/- and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner on condition that if the petitioner deposits a sum of Rs.2,000/- (Rupees Three thousand only) to the credit of Crime NO.185 of 2011 on the file of the learned Judicial Magistrate No.II, Madurai and on receipt of the same, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, Madurai and on his 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 thel earned Judicial Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 5.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/- 23/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI RURAL 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. J.GUNASHEELANMUTHIAH Advocate SR.No.28764 ORDER IN CRL OP(MD) No.11035 of 2011 Date :23/08/2011 TR : 25.08.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/