BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10624 of 2011 1 P. MARIMUTHU 2 R. BALAKRISHNAN ...PETITIONERS/1ST&2ND ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE MOOLAKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.90/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D.VENKATESH Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) 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. r/w Section 36(A) Tamil Nadu Mines and Minerals Act 1957 and r/w 21 (1) 5 of the Mines and Mineral(Development & Regulation) Act 1957, in Crime No.90 of 201 on the file of the respondent police, the petitioners have come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that the accused were illegally transporting the river sand in the tractor and the value of the sand is worth about Rs.3,000/- (Rupees Three Thousand only) and hence, he prays for the dismissal of this application. 4.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 petitioners. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, subject to the following stringent conditions:- (i) The petitioners shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Crime No.90 of 2011 before the learned Judicial Magistrate, Nanguneri; (ii) On such deposits they 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, Nanguneri, and (iii) The petitioners shall appear before the learned Judicial Magistrate, Nanguneri, daily at 10.30 a.m. Until further orders. (iv) The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5.The petitioners 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/- 16/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NANGUNERI TIRUNELVELI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE MOOLAKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. D.VENKATESH Advocate SR.No.27722 rl/6c – 18.8.2011 ORDER IN CRL OP(MD) No.10624 of 2011 Date :16/08/2011 https://hcservices.ecourts.gov.in/hcservices/