BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16128 of 2011 UDHAYAKUMAR ... PETITIONER/ 2nd ACCUSED Vs THE STATE, REP. BY INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, NANGUNERI TK, TIRUNELVELI DT, CR NO. 66/2010 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. V.NATARAJAN Advocate(No representation) For Respondent : M/S. K.S.DURAIPANDIAN, 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, the petitioner / A.2 in Cr.No.66/2010 on the file of the respondent police for the alleged offences punishable under Section 379 of I.P.C. and Section 4(1), 4(2) r/w 21(1) of Tamil Nadu Mines and Minerals Development Act, 1967 has come forward with this petition seeking anticipatory bail. 2. There is no representation for the petitioner. Heard the learned Government Advocate (Crl. Side) appearing for the State. 3. According to the case of the prosecution, on 27.07.2010, when the police party involved in vehicle check up, the petitioner was found in possession of one unit of sand in a tractor. 4. The learned Government Advocate (Crl. side) would submit in his argument that the petitioner is a coolie worker in the said vehicle and there is no previous case as against the petitioner. 5. Considering the facts and circumstances of the case that there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner is directed to be released on anticipatory bail, with the following conditions: https://hcservices.ecourts.gov.in/hcservices/ i) the petitioner should deposit a sum of Rs.1,500/- (Rupees One Thousand and five hundred only) before the lower Court concerned to the credit of Cr.No.66/2010; ii) On such deposit, the petitioner shall be released on bail, in the event of his arrest or on his appearance before the concerned Judicial Magistrate and on executing a bond for Rs.10,000/- (Rupees Ten thousand only) together with two sureties to the satisfaction of the learned Judicial Magistrate, Nanguneri; and on further condition that iii) the petitioner shall appear before the respondent police as and when required. iv) the petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. and v) the petitioner shall appear before the concerned Magistrate within a period of 15 days , failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 12/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NANGUNERI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, NANGUNERI TK, TIRUNELVELI DT +1. CC to M/S. V.NATARAJAN Advocate SR.No.43310 ORDER IN CRL OP(MD) No.16128 of 2011 Date :12/12/2011 SMA/13.12.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/