BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11518 of 2011 PERUMAL ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE ERWADI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.168/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.EBENEZER 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 :- The petitioner /Accused No.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC r/w Section 36(4) of Mines and Minerals (Development & Regulation Act) in Crime No.168 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 I.P.C. r/w under Section 36(4) of Mines and Minerals Regulation & Development Act, 1959, in Crime No.168 of 2011. He further submitted that all other accused are arrested and remanded into custody and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that the petitioner is the owner of the lorry and transported ½ unit of illegal river sand by the other four accused on 25.08.2011 and illegally transported the same worth of Rs.1,000/-, he was arrested and charged with the afore-said sections. He further submitted that totally there are four accused and except this petitioner, others were arrested and remanded into custody and the investigation is considerably over 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 25.08.2011, for illegal transportation of sand worth of Rs.1,000/- and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner on condition that if the petitioner deposits a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Crime No.168 of 2011 on the file of the learend 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 dailyl 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 appeaar 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/- 12/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NANGUNERI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ERWADI POLICE STATION, TIRUNELVELI DISTRICT, +1. CC to M/S. T.A.EBENEZER Advocate SR.No.31107 rl/6c – 14.9.2011 ORDER IN CRL OP(MD) No.11518 of 2011 Date :12/09/2011 https://hcservices.ecourts.gov.in/hcservices/