BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) No.12840 of 2011 MUTHU ... PETITIONER/ SOLE ACCUSED Vs THE INSPECTOR OF POLICE CHECKANOORANI POLICE STATION, MADURAI DT CR NO. 357/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.VENKATESAN Advocate For Respondent : M/S.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C. and Section 20(i) (5) of Mines and Minerals Development and Regulation Act, in Crime No.357 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel appearing for the petitioner would submit that a false case has been foisted against him for the offence under Section 379 I.P.C. and Section 20(i) (5) of Mines and Minerals Development and Regulation Act. He would further submit that the petitioner is an innocent person and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor (Crl. side) would submit that the petitioner transported the sand from the well of the petitioner's relative through his tractor and a case has been registered against him. He would further submit that the value of the sand is at Rs.1,000/- and the investigation is pending and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the petitioner transported the sand from the well of the petitioner's relative through his tractor and the value of the sand is at Rs.1,000/- and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of https://hcservices.ecourts.gov.in/hcservices/ Rs.1,000 (Rupees One thousand only) to the credit of Crime No. 357 of 2011 on the file of the learned Judicial Magistrate No.I, Usilampatti 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 No.I, Usilampatti 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 Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. 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/- 26/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.1 USILAMPATTI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE CHECKANOORANI POLICE STATION, MADURAI DT +1. CC to M/S. R.VENKATESAN Advocate SR.No.33077 ORDER IN CRL OP(MD) No.12840 of 2011 Date :26/09/2011 SMA/29.9.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/