BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12768 of 2011 M.BALASUBRAMANIAN @ SURESH ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT IN CR.NO. 285/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.VENKATESAN Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC and Section 4(i),4(2) r/w 21(4) of Mines and Minerals (Development & Regulation Act)1957, in Crime No.285 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 4(i),4(2) r/w 21(4) of Mines and Minerals (Development & Regulation Act)1957 in Crime No.285 of 2011 and he is an innocent person and he is nothing to do with the offence and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that the petitioner has stolen the sand at Sathyakulam at Ambasamuthram Taluk in a bullock cart while the respondent police on his patrol duty, the petitioner's bullock cart was intercepted and found that the river sand for the value of Rs.500/- was transported illegally without any valid licence and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions, the case has been registered for the illegal transportation of sand worth of Rs.500/- 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.500/-(Rupees Five Hundred only) to the credit of Crime No.285 of 2011 on the file of the learned Judicial Magistrate, Cheranmahadevi, 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, Cheranmahadevi, 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 https://hcservices.ecourts.gov.in/hcservices/ 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/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE CHERANMAHADEVI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 INSPECTOR OF POLICE VEERAVANALLUR POLICE STATION, TIRUNELVELI DIST 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. R.VENKATESAN Advocate SR.No.33078 ssk/28.09.2011 /6c -2p/- ORDER IN CRL OP(MD) No.12768 of 2011 Date :23/09/2011 https://hcservices.ecourts.gov.in/hcservices/