BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9346 of 2011 1. MUTHU 2. MARI ... PETITIONERS/ACCUSED 1 & 2 Vs THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT, CRIME NO.318/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.JEGANATHAN Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 379 I.P.C. and Section 4(1), 4 (2)(A), 21(1) and 5 of Mines and Minerals Act, in Crime No.318 of 2011 on the file of the respondent police, the petitioners have forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the accused were illegally transporting the river sand in the lorry and the value of the sand is worth about Rs.1,000/- (Rupees Thousand only) and hence, he prays for the dismissal of this application. 4. Considering the facts and circumstances the case and also considering the nature of the offence alleged, I am inclined to grant anticipatory bail to the petitioners. 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Ambasamudram, subject to the following stringent conditions:- (i) Each of the petitioner shall deposit a sum of Rs.500/- (Rupees Five Hundred only) to the credit of Crime No.318 of 2011 before the learned Judicial Magistrate, Ambasamudram ; (ii) On such deposits they shall execute a separate 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, Ambasamudram, and (iii) The petitioners shall appear before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate, .Ambasamudram, daily at 10.30 a.m. until further orders. (iv) The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. The petitioners 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/- 03/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE,AMBASAMUDRAM 2. THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT 3. THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT, 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. K.JEGANATHAN Advocate SR.No.26042 GH : 04.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.9346 of 2011 Date :03/08/2011 https://hcservices.ecourts.gov.in/hcservices/