BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12391 of 2011 J.JUSTIN AMBROSE : PETITIONER/ACCUSED NO.1 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE MUKKOODAL POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.193/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. ANANTH C.RAJESH 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 No.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC and 4 of Section 21 of the Mines and Minerals (Development & Regulation Act)1957, in Crime No.193 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 was charged under Sections 379 IPC and 4 of Section 21 of the Mines and Minerals (Development & Regulation Act)1957, in Crime No.193 of 2011 and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submits that when the respondents are patrolling near the Singamparai Main Road, they found the Tipper Lorry bearing Registration No. TN-72-AD-7513 plying on the road with full load of sand and on search the lorry does not have the valid licence to transport the sand for the value of Rs.3,000/-. He further submits that the driver of the lorry was arrested and the lorry has also been seized and the investigation is going on and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions, the case has been registered on 14.09.2011 for illegal transportation of sand worth of Rs.3,000/- and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner on condition that if the petitioner deposits a sum of Rs.3,000/-(Rupees Three Thousand only) to the credit of Crime No.193 of 2011 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District 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, Cheranmahadevi, Tirunelveli District and on his 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 Judicial 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/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT. 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 MUKKOODAL POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. ANANTH C.RAJESH Advocate SR.No.32057 ORDER IN CRL OP(MD) No.12391 of 2011 NSV/20.9.11/2P/6C Date :19/09/2011 https://hcservices.ecourts.gov.in/hcservices/