BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9971 of 2011 MUTHUKUMAR ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE ERUVADI POLICE STATION TIRUNELVELI DISTRICT CR.NO.136/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.AR. JEYA RHUTHRAN Advocate For Respondent : M/S. A.RAMAR, 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 for the alleged offences punishable under Section 36A Mines and Minerals Act 1957, Sections 21(1) (4) and (5) of Mines and Minerals Rules and Regulations Act 1957 and Section 379 I.P.C., in Crime No.136 of 2011 on the file of the respondent police, the petitioner has come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the petitioner was illegally transporting the river sand in the Bullock Cart and the value of the sand is worth about Rs.700/- (Rupees Seven Hundred only) and hence, he prays for the dismissal of this application. 4.Considering the facts and circumstances of the case and also considering the nature of the offence alleged. I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned District Munsif Cum Judicial Magistrate Court, Nanguneri, Tirunelveli District, subject to the following stringent conditions:- https://hcservices.ecourts.gov.in/hcservices/ i) The petitioner shall deposit a sum of Rs.700/- (Rupees Seven Hundred only) to the credit of Crime No.136 of 2011 before the learned District Munsif Cum Judicial Magistrate Court, Nanguneri, Tirunelveli District. ii) On such deposits the petitioner shall execute 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 District Munsif Cum Judicial Magistrate Court, Nanguneri, Tirunelveli District, and iii) The petitioner shall appear before the learned District Munsif Cum Judicial Magistrate Court, Nanguneri, Tirunelveli District, daily at 10.30 a.m. until further orders. iv) 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/- 04/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT 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 ERUVADI POLICE STATION TIRUNELVELI DISTRICT +1. CC to M/S.AR. JEYA RHUTHRAN Advocate SR.No.26159 ORDER IN CRL OP(MD) No.9971 of 2011 Date :04/08/2011 SMA/05.8.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/