BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15586 of 2011 RASU ... PETITIONER/2ND ACCUSED Vs THE SUB INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. CR NO. 389/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.MAHARAJAN Advocate For Respondent : MR.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A2 and he prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 379 I.P.C., and 21(i)(iv) of Mines and Minerals Act, in Crime No.389 of 2011, on the file of the respondent-police and hence, seeks anticipatory bail. 2. Heard Mr.V.Maharajan, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, 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 petitioner is an innocent person and he has not committed any offence and hence, he prays for anticipatory bail in favour of the petitioner. 4.The learned Additional Public Prosecutor (crl.side) would submit in his argument that the the sand was illegally transported by the petitioner without any valid permit. He would further submit in his argument that the investigation is offing and he has no previous case. 5.Considering the facts and circumstances of the case, I could see that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.500/- (Rupees five hundred only) to the credit https://hcservices.ecourts.gov.in/hcservices/ of Crime No.389 of 2011 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and on receipt of the same, the petitioner is entitled to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The said amount shall not be released without the order of this Court. 6. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 29/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT. 2. -DO- THRO HE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE SUB INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.V.MAHARAJAN Advocate SR.No.41910 SR : 30.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.15586 of 2011 Date :29/11/2011 https://hcservices.ecourts.gov.in/hcservices/