BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12584 of 2011 MAHARAJAN ... PETITIONER / ACCUSED 1 Vs STATE REP BY:: THE SUB INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DT CR NO. 403/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.SUNDARA PANDIAN 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 and Section 21(1)(4) of Mines and Mineral Development and Regulation Act, 1967 and 3 of TNPPDL Act, in Crime No.403 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 and Section 21(1)(4) of Mines and Mineral Development and Regulation Act, 1967 and 3 of TNPPDL Act, in Crime No.403 of 2011 and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that the petitioner used Tipper Lorry bearing Registration No.TN-09-T-6787 carrying of river sand was seized by the respondent for the value of Rs.5,000/-. He further submits that the petitioner is the owner of the vehicle and the investigation is going on and the petitioner is having one previous case and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions, the case has been registered on 18.09.2011 for illegal transportation of sand worth of Rs.5,000/- and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposits a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of Crime No.403 of 2011 on the file of the learned Judicial Magistrate No.III, Tirunelveli 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.III, Tirunelveli 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 the learned 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/- 21/09/2011 / 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 ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE SUB INSPECTOR OF POLICE THALAIYUTHU POLICE STATION TIRUNELVELI DISTRICT 1. CC to M/S. S.SUNDARA PANDIAN Advocate SR.No.32635: DM::2011:SEPTEMBER:22:: ORDER IN CRL OP(MD) No.12584 of 2011 Date :21/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/