BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15438 of 2011 THILLAI ...PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP BY' THE INSPECTOR OF POLICE ERWADI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO. 168 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.EBENEZER Advocate For Respondent : Mr.K.S.DURAIPANDIAN Govt. Advocate ( Crl. Side) 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 Section 36(A) of Tamil Nadu Mines and Minerals Concession Rule 1959 and Section 21(1)(5) of Mines Regulation Act read with 379 of IPC in Crime No.168 of 2011, on the file of the respondent police. He has approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard Mr.T.A.Ebenezer, learned counsel for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner is the owner of the said vehicle and the allegation against the petitioner is that some of the accused transported one unit of river sand in the Tempo vehicle. It is further submitted that the petitioner has been falsely implicated in this case and he has not involved in any other case of similar nature. He would also submit that he is also having permanent residence and therefore, he would request for the grant of anticipatory bail. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner is the owner of the vehicle and the some of the accused illegally transported sand. The learned Government Advocate further submitted that the entire https://hcservices.ecourts.gov.in/hcservices/ contraband and the vehicle have already been seized and the investigation is almost over. 5. Considering the facts and circumstances of this case and also considering the fact that the petitioner is the owner of the vehicle, this Court is inclined to grant anticipatory bail to all the petitioner, of course, subject to certain stringent conditions. 6. Accordingly, the petitioner is directed to be released on bail, in the event of his arrest or on his appearance before the Judicial Magistrate concerned on executing 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 on further condition that the petitioner shall deposit a sum of Rs.600/- to the credit in Crime No.168 of 2011 on the file of the Court of learned Judicial Magistrate, Nanguneri and the learned Magistrate is directed to keep the same as Court deposit and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders for the purpose of interrogation. 7. 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/- 25/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITINONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ERWADI POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. T.A.EBENEZER Advocate SR.No.41577 rl/6c – 30.11.2011 ORDER IN CRL OP(MD) No.15438 of 2011 Date :25/11/2011 https://hcservices.ecourts.gov.in/hcservices/