BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15285 of 2011 ARUMUGA KANI @ ARUMUGA SELVAM .. PETITIONER/ACCUSED [SINGLE] Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.285 OF 2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.R.ANAND ADVOCATE FOR RESPONDENT : MR.K.S.DURAIPANDIAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 379 I.P.C. and Section 21 of Mines and Minerals[Development and Regulation[ Act, in Crime No.285 of 2011 on the file of the respondent police, the petitioner has come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard Mr.R.Anand, learned counsel for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the respondent State. 3.The learned counsel for the petitioner would submit in his argument that the petitioner is an innocent person and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 4.The learned Additional Public Prosecutor would submit in his argument that the petitioner had illegaly transported two units of the river sand. He further submitted that no previous case is pending against the petitioner. 5.Considerin the facts and circumstances the case and also considering the nature of the offence alleged, I am inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the 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 subject to the following stringent conditions:- https://hcservices.ecourts.gov.in/hcservices/ (i)The petitioner shall deposit a sum of RS.2,000/-[Rupees Two Thousand only] to the credit of Crime No.285 of 2011 before the learned Judicial Magistrate No.III, Tirunelveli; (ii) On such deposits the petitioner shall execute 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 Judicial Magistrate No.III, Tirunelveli; (iii)The petitioner shall appear before the learned Judicial Magistrate No.III, Tirunelveli daily at 10.30 a.m. until further orders and (iv)The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 24/11/2011 / TRUE COPY / TO Sub-Assistant Registrar 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S.R. ANAND ADVOCATE SR.NO.41296. ORDER IN CRL OP(MD) No.15285 of 2011 Date :24/11/2011 2P/6C RPB : 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/