1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16514 of 2011 1.KUTTY 2.ESAKKIMUTHU ... PETITIONERS/ACCUSED NOS.2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT, CR.NO. 335/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.EBENEZER Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Section 379 of I.P.C. r/w 21(V) Mines and Minerals Regulation Act, 1957, in Crime No.335 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard Mr.T.A.Ebenezer, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Government Advocate (Crl. Side) appearing for the respondent State. 3. The learned counsel 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 Additional Public Prosecutor would submit in his argument that the petitioners have no previous case. He would further https://hcservices.ecourts.gov.in/hcservices/ 2 submit in his argument that the petitioners are only a load men. 5. Considering the submissions made by both sides, 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 bail to the petitioners. 6. 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, Nanguneri, subject to the following stringent conditions:- (i) Each of the petitioners shall deposit a sum of Rs.375/- (Rupees Three Hundred and Seventy Five only) to the credit of Crime No.335 of 2011 before the learned Judicial Magistrate, Nanguneri; (ii) On such deposit the petitioners 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, Nanguneri; and (iii) The petitioners shall appear before the respondent police as and when required for interrogation. (iv) The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7. 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/- 19/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE, KALAKADU POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. T.A.EBENEZER Advocate SR.No.44273 ORDER IN CRL OP(MD) No.16514 of 2011 Date :19/12/2011 TR : 22.12.2011: 2P/6C https://hcservices.ecourts.gov.in/hcservices/