THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11334 OF 2010 DATED: 18-11-2010 ORDER: This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail for the petitioner-A3 in Cr.No.321 of 2010 of Nandigama police station, Krishna District. 2. Heard learned counsel for the petitioner-A3 and the learned Additional Public Prosecutor for the respondent- State. Perused the record. 3. Petitioner-A3 along with others is accused of the offence under Section 379 IPC. 4. According to the prosecution, the sand which was being illegally transported from Munneru was seized by the Government and was kept for the purpose of public auction by the Assistant Director of Mines, scheduled to be held on 26-10-2010. Meanwhile, it was found that on the night of 23-10-2010, petitioner-A3 along with others committed theft of the said sand. Investigation is still pending. 5. Having regard to the nature of the offence alleged and the specific allegation made against the petitioner-A3 in the First Information Report as one of the persons who committed theft of sand meant for public auction, it is considered not a fit case to grant anticipatory bail. 6. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 18th November, 2010. Tsy