BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12442 of 2011 LOGANATHAN : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.139 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.EBENEZER 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC and Section 21(1)(4) of the Mines and Minerals (Development & Regulation Act)1957, in Crime No.139 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 Section 21(1)(4) of the Mines and Minerals (Development & Regulation Act)1957, in Crime No.139 of 2011. He further submits that the petitioner is an innocent and the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submits that somebody abandoned the one unit of sand loaded tractor on seeing the police on 06.09.2011, the petitioner is the owner of the tractor and the respondent police is searching the petitioner and the value of sand Rs.2,500/- 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 06.09.2011 for illegal transportation of sand worth of Rs.2,500/- and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposits a sum of Rs.2,500/-(Rupees Two Thousand Five Hundred only) to the credit of Crime No.139 of 2011 on the file of the learned Judicial Magistrate, Nanguneri 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, Nanguneri 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/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, NANGUNERI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. T.A.EBENEZER Advocate SR.No.32356 ORDER IN CRL OP(MD) No.12442 of 2011 NSV/22.9.11/2P/6C Date :20/09/2011 https://hcservices.ecourts.gov.in/hcservices/