BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.17109 of 2011 1. SURENDRAN 2. SELVAM : PETITIONERS/ACCUSED NO.1 & 2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.523/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : Mr. K.S.DURAI PANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 & A2 and they prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 379 I.P.C., and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.523 of 2011, on the file of the respondent-police and hence, seek anticipatory bail. 2. Heard Mr.R.Anand, learned counsel appearing for the petitioners and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Crl.side) appearing for the State. 3. The learned counsel appearing for the petitioners would submit in his argument that the petitioners are innocent persons and they have not committed any offence and hence, he prays for anticipatory bail in favour of the petitioners. 4. The learned Additional Public Prosecutor (crl.side) would submit in his argument that one unit of sand was illegally transported by the petitioners without any valid permit. He would https://hcservices.ecourts.gov.in/hcservices/ further submit in his argument that the investigation is offing and the plea of the petitioners 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 petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Valliyoor, Tirunelveli District and on each of them 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 each petitioner shall deposit a sum of Rs.500/-(Rupees Five Hundred Only) to the credit of Crime No.523 of 2011 before the learned Judicial Magistrate, Valliyoor, Tirunelveli District and on further condition that the petitioners shall report before the respondent police as and when required for interrogation. The petitioners 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 petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 23/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. R.ANAND Advocate SR.No.45803 ORDER IN CRL OP(MD) No.17109 of 2011 NSV/26.12.11/2P/6C Date :23/12/2011 https://hcservices.ecourts.gov.in/hcservices/