BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10620 of 2011 1. M.MUNIASAMY 2. M.ELAVARASAN 3. R.ARIVARASAN 4. R.KALAIVANAN 5. G.ALEX PANDIAN ... PETITIONERS/ACCUSED NO.1 TO 5 Vs THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT. ( CR.NO.181 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.SAMIDURAI Advocate For Respondent : MR.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 379 I.P.C. r/w Sections 4(I), (ii) (a) and 21 of Mines and Minerals Regulation and Development Act, in Crime No.181 of 2011 on the file of the respondent police, the petitioners have come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have 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 accused were illegally transporting the river sand in the tractor and the value of the sand is worth about Rs.2,000/- (Rupees Two Thousand only) and hence, he prays for the dismissal of this application. 4. Considering the facts and circumstances the case and also considering the nature of the offence alleged, I am inclined to grant anticipatory bail to the petitioners. 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai, subject to the following stringent conditions:- (i) The petitioners shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.181 of 2011 before the learned Judicial Magistrate No.II, Madurai; https://hcservices.ecourts.gov.in/hcservices/ (ii) On such deposits they shall execute a separate 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 No.II, Madurai, and (iii) The petitioners 1, 4 and 5 shall appear before the learned Judicial Magistrate No.II, Madurai, daily at 10.30 a.m. until further orders and the petitioners 2 and 3 are concerned, they shall appear before the learned Judicial Magistrate No.II, Madurai, daily at 05.30 p.m. until further orders. (iv) The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. The petitioners 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/- 16/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.II, MADURAI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. K.SAMIDURAI Advocate SR.No.27696 SR : 18.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.10620 of 2011 Date :16/08/2011 https://hcservices.ecourts.gov.in/hcservices/