1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12997 of 2011 1 KOMU 2 MANI @ MANIKANDAN ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION,TIRUNELVELI DT. CR NO. 404/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) 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 offence punishable under Section 379 I.P.C. r/w Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 3 of TNPPDL Act, in Crime No.404 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners would submit that he is not pressing this petition for anticipatory bail in respect of the first petitioner and he has also made an endorsement to that effect. He further submitted that the second petitioner is an innocent person and he has been falsely implicated in this case and hence, he prays for anticipatory bail in favour of the second petitioner. 3. The learned Additional Public Prosecutor would submit that the accused were illegally transporting the river sand in a lorry and the value of the sand is worth about Rs.2,000/- (Rupees Two Thousand only) and no case is pending against the second petitioner and hence, he prays for the dismissal of this application. 4. In view of the endorsement made by the learned counsel for the petitioners, this petition is dismissed as not pressed in respect of the first petitioner. 5. Considering the facts and circumstances the case and also considering the nature of the offence alleged, I am inclined to grant anticipatory bail to the second petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Accordingly, the second petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Tirunelveli, Tirunelveli District, subject to the following stringent conditions:- (i) The second petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.404 of 2011 before the learned Judicial Magistrate No.III, Tirunelveli, Tirunelveli District; (ii) On such deposits the second petitioner 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 No.III, Tirunelveli, Tirunelveli District; (iii) The second petitioner shall appear before the learned Judicial Magistrate No.III, Tirunelveli, Tirunelveli District, daily at 10.30 a.m. until further orders. (iv) The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. The second 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/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III,TIRUNELVELI, TIRUNELVELI DISTRICT. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE,THALAIYUTHU POLICE STATION,TIRUNELVELI DT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. R.ANAND Advocate SR.No.33919 ORDER IN CRL OP(MD) No.12997 of 2011 Date :28/09/2011 PA/29.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/