BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14807 of 2011 1 KUTTY 2 ESAKKIMUTHU ... PETITIONERS / ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DT, CR NO. 335/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. T.A.EBENEZER Advocate For Respondent : M/S.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A2 & A3 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. 21(V) of Mines and Minerals Regulation Act, 1957, in Crime No.335 of 2011 on the file of the respondent police, seek anticipatory bail. 2. Heard Mr.T.A.Ebenezer, learned Counsel appearing for the petitioners and Mr.C.Ramesh, learned Additional Public Prosecutor (Criminal side) appearing for the State. 3. The learned counsel appearing for the petitioners would submit in his argument that the petitioners are only a load men and they have not committed any offence as mentioned in the complaint. He would further submit in his argument that the quantity said to have been taken away by the petitioners would be only a half unit of river sand and the petitioners have no previous case. 4. The learned Government Advocate (Criminal Side) would submit in his argument that the petitioners have no previous case. He would further submit in his argument that the petitioners are only a load men. 5. Considering the facts and circumstances of the case, I could see that the petitioners have no previous case and the petitioners are only a load men, this Court is inclined to grant anticipatory https://hcservices.ecourts.gov.in/hcservices/ bail to the petitioners. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri and each of them 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, Nanguneri and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 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/- 15/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NANGUNERI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DT +1. CC to M/S. T.A.EBENEZER Advocate SR.No.39808 ORDER IN CRL OP(MD) No.14807 of 2011 Date :15/11/2011 SMA/17.11.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/