BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15745 of 2011 1 VANAMAMALAI 2 MUTHU ... PETITIONERS / ACCUSED NO.1&2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT CR.NO. 352 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. T.A.EBENEZER 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 :- 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., r/w 21(1) of Mines and Minerals Act, in Crime No.352 of 2011, on the file of the respondent-police and hence, seek anticipatory bail. 2. Heard Mr.T.A.Ebenezer, 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 river sand was illegally transported by the petitioners without any valid permit. He would 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 on condition that the petitioners shall deposit a sum of Rs.500/- (Rupees five hundred only) each to the credit of Crime No.352 of 2011 on the file of the learned Judicial Magistrate, Nanguneri and on receipt of the same, the petitioner is entitled to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri and each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten https://hcservices.ecourts.gov.in/hcservices/ Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. 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/- 01/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, NANGUNERI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. T.A.EBENEZER Advocate SR. No.42358 ORDER IN CRL OP(MD) No.15745 of 2011 Date :01/12/2011 RJ/7.12.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/