BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD)No.16144 of 2011 CHELLADURAI :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE SUB INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DT. (CR.NO.173 OF 2011) :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.SUNDARA PANDIAN 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 petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 I.P.C and Section 21 of Mines and Mineral Development and Regulation Act, 1967 in Crime No.173 of 2011 on the file of the respondent police and hence, seeks anticipatory bail 2.Heard Mr.S.Sundara Pandian, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is an innocent person and he has not committed any offence. He would further submit in his argument that the petitioner has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. 4.The learned Additional Public Prosecutor (Crl. Side) would submit in his argument that the river sand was illegally transported by the petitioner. He would further submit that the investigation is offing and the plea of the petitioner for grant of anticipatory bail may not be considered. 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.3,000/- (Rupees Three Thousand only) to the credit of Crime No.173 of 2011 before the learned Judicial Magistrate No.III, Tirunelveli, 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 No.III, Tirunelveli 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 as and when required for interrogation. 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/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO:1.The Judicial Magistrate NO:III, Tirunelveli. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Sub Inspector of Police, Seevalaperi Police Station, Tirunelveli Dist. +1. CC to M/S. S.SUNDARA PANDIAN Advocate SR.No.43399. RP/14.12.2011/1P/6C. ORDER IN CRL OP(MD) No.16144 of 2011,Date:13/12/2011. https://hcservices.ecourts.gov.in/hcservices/