BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.10539 of 2011 BINU ...PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE PETCHIPARAI POLICE STATION, KANYAKUMARI DISTRICT CRIME NO. 66/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.MAYIL VAHANA RAJENDRAN 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 :- The petitioner/Accused No.1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353, 506(ii) and 379 IPC and Section 4(1) (a) r/w Section 21(1) of Mines and Mineral Development and Regulation Act, 1957 and 36(A) of Tamil Nadu Mines and Mineral Concession Act, 1959, in Crime No.66 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner is a driver of the vehicle and he transported the sand with valid permission and a case was registered only for the statistical purpose and hence, the petitioner apprehends arrest and hence, he prays for enlargement on anticipatory bail. 3.Heard the learned Additional Public Prosecutor submits that the petitioner transported the sand without permission for the past one month and the investigation is going on and hence, he prays for dismissal of the petition. 4.Considering the rival submissions, a case has been registered on 06.08.2011 and the value of the sand was transported by the petitioner to the tune of Rs.1,500/- and the investigation is considerably over, I am inclined to grant https://hcservices.ecourts.gov.in/hcservices/ anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the credit of Crime No.66 of 2011 on the file of the learned Judicial Magistrate, Padmanapapuram and on receipt of the same, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Padmanapapuram and on his executing a bond for a sum of Rs.10,000/- 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/- 18/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE PADMANAPAPURAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PETCHIPARAI POLICE STATION, KANYAKUMARI DISTRICT +1. CC to M/S.C.MAYIL VAHANA RAJENDRAN Advocate SR.No.28315 rl/6c – 22.8.2011 ORDER IN CRL OP(MD) No.10539 of 2011 Date :18/08/2011 https://hcservices.ecourts.gov.in/hcservices/