1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14192 of 2011 RAJA @ ELAYARAJA ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 487/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.MUTHU ESAKKI Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.487 of 2011 on the file of the respondent police for offences under Sections 379 IPC read with Section 21 of the Mines and Minerals (Development & Regulation) Act 1957. Apprehending arrest, he is before this Court seeking anticipatory bail. 2.According to the case of prosecution, the mini van bearing Registration NO.TN 72 D 5868 was moving with illegally mined sand and the same was intercepted. The petitioner was the driver of the said lorry. But after parking the said lorry, the petitioner escaped from the place of occurrence. 3.According to the learned Additional Public Prosecutor, since the petitioner is indulged in illegal mining of sand, he is not entitled for anticipatory bail. 4.But the learned counsel for the petitioner would deny all the above allegations. According to him, the de-facto complainant employer was contesting in the local election. Since the petitioner worked against him, the de-facto complainant has given this false complaint. 5.The learned counsel for the petitioner would further submit that the petitioner is prepared to deposit a sum of Rs.10,000/- before the lower Court to show his bonafides. The learned counsel for the petitioner would https://hcservices.ecourts.gov.in/hcservices/ 2 submit that the petitioner is innocent and he has been falsely implicated in this case. 6.I have considered the above submissions. 7.Though it is stated that the lorry was intercepted by the officials, it is not explained to the Court, as to why, the petitioner could not be apprehended forthwith. In this backdrop, the contention of the learned counsel for the petitioner that there was political motive and therefore, he has been falsely implicated, deserves to be given consideration, at this stage, for the purpose of granting anticipatory bail. Further, it is not the case of the prosecution that the petitioner will evade from the process of the law, if granted anticipatory bail. Apart from that the learned counsel for the petitioner would submit that the petitioner in order to show his bonafides is prepared to deposit a sum of Rs.10,000/- before the lower Court. 8.Having regard to all the above, I am inclined to grant anticipatory bail to the petitioner, but with stringent conditions. 9.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or his appearance before the learned Judicial Magistrate No.III, Tirunelveli, on 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned; (ii)the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of Crime NO.487 of 2011 before the lower Court; and (iii)on further condition that the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ 3 TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE SUB INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. A.MUTHU ESAKKI Advocate SR.No.37343 ORDER IN CRL OP(MD) No.14192 of 2011 Date :01/11/2011 TR :04.11.2011: 3p/6c https://hcservices.ecourts.gov.in/hcservices/