BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S. RAJESWARAN CRL OP(MD) No.17252 of 2011 KARUPAYAMMAL ... PETITIONER / ACCUSED NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE SAPTUR POLICE STATION, MADURAI DISTRICT CR.NO. 172/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. A.JAYARAMACHANDRAN Advocate For Respondent : MR.C.RAMESH, Additional Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A2 and he prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 379 I.P.C., r/w Section 20(1)(5) of Mines and Minerals Development Regulartion Act, 1957 in Crime No.172 of 2011, on the file of the respondent-police and hence, seeks anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the the petitioner is the owner of the vehicle and the river sand was transported by her driver without her knowledge and she is an innocent person and she has not committed any offence and hence, he prays for anticipatory bail in favour of the petitioner. 4.The learned Additional Public Prosecutor (crl.side) would submit in his argument that the the river sand was illegally transported by the petitioner without any valid permit. He would further submit in his argument that the investigation is offing and the plea of the petitioner for grant of anticipatory bail may not be considered. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is entitled to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Usilampatti and 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 learned Magistrate concerned and on further condition that the petitioner shall report before the concerned Magistrate daily at 10.30 https://hcservices.ecourts.gov.in/hcservices/ a.m. for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The said amount shall not be released without the order of this Court. 6. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. INSPECTOR OF POLICE SAPTUR POLICE STATION, MADURAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. A.JAYARAMACHANDRAN Advocate SR.No.46083 ORDER IN CRL OP(MD) No.17252 of 2011 Date :28/12/2011 RJ/29.12.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/