BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.S.KARNAN CRL OP(MD) No.13376 of 2011 SHANMUGAM : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE TRIUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.286 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.SUNDARA PANDIAN 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 petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 I.P.C. and Section 21 of Mines and Mineral Development and Regulation Act, 1957, in Crime No.286 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 has nothing to do with the alleged commission of offence. He further submitted that the petitioner has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is the owner of the tipper lorry, which was carrying 2 units of river sand and the same was seized on 19.09.2011. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that the alleged theft of sand has already been seized, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5. Accordingly, 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 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 petitioner shall report before the respondent police at 10.30 a.m. for a period of one week. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6. 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/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.3, TIRUNELVELI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE TRIUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. S.SUNDARA PANDIAN Advocate SR.No.34847 ORDER IN CRL OP(MD) No.13376 of 2011 NSV/7.10.11/2P/6C Date :04/10/2011 https://hcservices.ecourts.gov.in/hcservices/