1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. RAJESWARAN CRL OP(MD) No.17262 of 2011 1.IYYAPPAN 2.ANANTHARAJ ... PETITIONERS/ACCUSED NOS.1 & 2 Vs THE STATE BY THE INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.376/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D.VENKATESH Advocate For Respondent : MR. C.RAMESH, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 and A2 and they prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 379 I.P.C., r/w Section 21(1)4 of Mines and Minerals Development Regulation Act in Crime No.376 of 2011, on the file of the respondent-police and hence, seeks anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the first petitioner the owner of the vehicle and the second petitioner is the driver and they are innocent persons and they have not committed any offence and hence, he prays for anticipatory bail in favour of the petitioners. 4.The learned Additional Public Prosecutor (crl.side) would submit in his argument that the river sand was illegally transported by the petitioner without any valid permit. He would further submit in his argument that there is no previous antecedent against the petitioners. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are entitled to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri and 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 petitioners shall report before the concerned Magistrate daily at 10.30 a.m. for a period of four weeks. The petitioners shall comply with the condition stipulated https://hcservices.ecourts.gov.in/hcservices/ 2 under Section 438 Cr.P.C. scrupulously. The said amount shall not be released without the order of this Court. 6. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. D.VENKATESH Advocate SR.No.46159 ORDER IN CRL OP(MD) No.17262 of 2011 Date :28/12/2011 TR : 28.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/