BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S. TAMILVANAN CRL OP(MD) No.13680 of 2011 K. MARIAPPAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, CRIME NO.209/2011, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : MR.K.S.DURAI PANDIAN, Additional Public Prosecutor (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioner/accused as well as the learned Government Advocate (criminal side) appearing for the respondent. 2.The petitioner, who is arrayed as accused facing charges for the alleged offences punishable under Sections 4, 5 and 6 of Indian Explosives Substance Act, in Crime No.209 of 2011, on the file of the respondent police, has come forward with this application, seeking anticipatory bail under Section 438 Cr.P.C. 3.The learned counsel appearing for the petitioners submits that the petitioner was not originally arrayed as an accused and subsequently, on the confession given by the co-accused/A3, he was arrayed as A8 and hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor (criminal side) appearing for the respondent has not disputed the fact that the petitioner is owning quarry and using detonators for the purpose of breaking rocks, the allegation is without obtaining license, he was in possession of more number of detonators. He further submits that the co-accused were arrested and enlarged on bail and there is no bad antecedents against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case and also considering the fact that the co-accused were arrested and enlarged on bail and there is no bad antecedents against the petitioner, I find it just and reasonable to grant anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Tirunelveli and on executing a personal 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 appear 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. 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 shall stand dismissed. sd/- 08/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE INSPECTOR OF POLICE, GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT. 4. THE ADDIITONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.38377 SR : 10.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.13680 of 2011 Date :08/11/2011 https://hcservices.ecourts.gov.in/hcservices/