BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10279 of 2011 MAHARAJAN : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP BY THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO.115 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.EBENEZER Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of I.P.C and Section 21(1)(4) of Mines and Minerals(Regulation and Development) Act 1959 in Crime No.115 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner was charged under Section 379 of I.P.C and Section 21(1) (4) of Mines and Minerals(Regulation and Development) Act 1959. He further submitted 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. 3. The learned Additional Public Prosecutor (Crl.Side) would submit that the petitioner is the owner of the vehicle and the vehicle was left abandoned with one unit of river sand on 2.8.2011 worth Rs.1,000/- and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,000/- to the credit of Crime No. 115 of 2011 on the file of the learned Judicial Magistrate, Nanguneri, and on receipt of the same, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri and each of them executing 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 Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5. 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/- 09/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, NANGUNERI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. T.A.EBENEZER Advocate SR.No.26941 ORDER IN CRL OP(MD) No.10279 of 2011 Date :09/08/2011 NSV/12.8.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/