BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15246 of 2011 KOMU ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.404/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R. ANAND Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is accused No.1 in Cr.No.404 of 2011 on the file of the respondent police for offence punishable under Section 379 of I.P.C r/w 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 3 of the TNPPPDL Act. Apprehending arrest, at the hands of the respondent police, the petitioner is before this Court seeking anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.According to the case of the prosecution, on 18.09.2011, when the police party involved in vehicle check up, the petitioner, who was the driver of the said vehicle, was found in possession of sand in a tractor. 4.The learned Additional Public Prosecutor would submit in his argument that there is no previous case as against the petitioner. 5.Considering the facts and circumstances of the case that there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioner is directed to be released on anticipatory bail, with the following conditions: i)The petitioner should deposit a sum of Rs.2,000/- (Rupees two thousand only) before the lower court concerned to the credit of Cr.No.404/2011; https://hcservices.ecourts.gov.in/hcservices/ ii)On such deposit, the petitioner shall be released on bail, in the event of his arrest or on his appearance before the concerned Judicial Magistrate and on executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) together with two sureties to the satisfaction of the learned Judicial Magistrate, No.III, Tirunelveli; and on further condition that iii)the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks. iv)The petitioner shall appear before the concerned Magistrate within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. v)The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. Sd/- 23/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI 2 THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R. ANAND Advocate SR.No.41155 ssk/25.11.2011 /5c -2p/- ORDER IN CRL OP(MD) No.15246 of 2011 Date :23/11/2011 https://hcservices.ecourts.gov.in/hcservices/