1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.14174 of 2011 1 VIJIYAN 2 MUTHUKRISHNAN 3 ASHOK KUMAR 4 MADASAMY ... PETITIONERS / ACCUSED 2 TO 5 Vs THE STATE BY THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT CR.NO. 164 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. D.VENKATESH Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are accused in Crime No.164 of 2011, on the file of the respondent police for alleged offences under Section 379 of the Indian Penal Code, have come forward with the present petition seeking for anticipatory bail. 2. According to the case of prosecution, the first petitioner herein is the driver of a Tractor attached with a trailer, the petitioners 2 and 3 herein are the load men in the tractor and the fourth petitioner is the owner of the tractor. The said vehicle was found moving carrying on sand. The first accused was arrested and he has been released on bail. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and there is no previous case against them. The sand, which was found in the tractor, is only one unit. 4. Having regard to the above facts and circumstances of the case and the fact that the first accused has already been granted bail, I am inclined to grant anticipatory bail to the petitioners, but with conditions. 5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, on executing 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 respondent police or the police officer https://hcservices.ecourts.gov.in/hcservices/ 2 who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police every day at 10.30 a.m., for a period of four weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. sd/- 31/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, NANGUNERI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. D.VENKATESH Advocate SR. No.37165 ORDER IN CRL OP(MD) No.14174 of 2011 Date :31/10/2011 RJ/1.11.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/