BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14986 of 2011 IYYAVUTHEVAR ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI DISTRICT, CRIME NO. 205/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.MURUGAN Advocate For Respondent : Mr.K.S.DURAI PANDIAN 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 Sections 379 of IPC read with Section 25(1)(5) of the Mines and Minerals (Development and Regulations) Act 1957 in Crime No.205 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.K.Murugan, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel for the petitioner would submit in his argument that the petitioner has been arrayed as A-2 and he is the owner of the said vehicle and the second accused is the driver with the petitioner and the allegation is that the 1st accused was found in transport of sand without any proper permission and without knowledge of the petitioner. 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. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor would submit in his argument that the petitioner has been arrayed as A-2 and he is the owner of the vehicle and the 1st accused is the driver with the petitioner and he illegally transported sand. The learned Government Advocate further submitted that the entire 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 No.II, Usilampatti, and on further condition that the petitioner shall deposit a sum of Rs.1,000/- to the credit in crime No.205 of 2011 on the file of the Court of learned Judical Magistrate No.II, Usilampatti 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/- 18/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI DISTRICT +1. CC to M/S. K.MURUGAN Advocate SR.No.40526 rl/6c – 22.11.2011 ORDER IN CRL OP(MD) No.14986 of 2011 Date :18/11/2011 https://hcservices.ecourts.gov.in/hcservices/