1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.13934 of 2011 KAMARAJ ... PETITIONER / ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT CR NO. 267/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.APPAVU RETHINAM Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (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 in Crime No.267 of 2011 on the file of the respondent police for offences under Sections 379 IPC read with 4(i)(ii)(A) and Section 21(1)(V) of Mines and Minerals Act, the petitioner is before this Court seeking anticipatory bail. 2. According to the case of prosecution, the mini lorry was found carrying one unit of sand, which was illegally quarried. The petitioner was sitting in the lorry and he is the cleaner of the lorry and the driver of the lorry escaped from the scene of occurrence. On these allegations, the present case has been registered. 3. The learned counsel for the petitioner would submit that the petitioner has got nothing to do with the sand, which was carried in the lorry. After all he is only a cleaner of the lorry, it is contended. 4. Having regard to the fact that the petitioner is only the cleaner of the lorry and there is no other specific overt act attributed as against him, besides the fact that he has got no bad antecedents, I am inclined to grant anticipatory bail to the petitioner, but with conditions. 5. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Cheranmahadevi, 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 https://hcservices.ecourts.gov.in/hcservices/ 2 concerned and on further condition that the petitioner shall report before the respondent police everyday 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/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.APPAVU RETHINAM Advocate SR. No. 36384, 37634 ORDER IN CRL OP(MD) No.13934 of 2011 Date :02/11/2011 RJ/4.11.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/