BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) No.12844 of 2011 1 SENTHIL 2 ARUMUGAM ... PETITIONERS/ACCUSED NOS.1&2 Vs THE STATE REP BY THE INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT IN CRIME NO. 116/2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. B.VIJAY KARTHIKEYAN 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 Sections 279, 337, 379 of IPC r/w 21 Mines and Minerals Development of Regulation Act, 1957 and 3 of TNPPDL Act, in Crime No.116 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 an innocent persons and they have been falsley implicated in this case and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that this petitioner is arrayed as accused Nos.1&2 and the first petitioner is the owner of the lorry and the second petitioner is the driver of the said lorry 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. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/ petitioners are ordered to be released on anticipatory bail in the event of their arrest or on their appearancae before the learned Judicial Magistrate No.II, Tirunelveli, subject to the following stringent conditions:- (i) The petitioners shall deposit a sum of Rs.4,000/- each to the credit of Crime No.116 of 2011 before the learned Judicial Magistrate No.II, Tirunelveli (ii) On such deposit the petitioners 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, Tirunelveli, and (iii) The petitioners shall appear before the learned Judicial Magistrate No.II, Tirunelveli, daily at 10.30 a.m. until further orders. (iv) The petitioners shall comply with the condition stipulated udner 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/- 26/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.II TIRUNELVELI 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 SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. B.VIJAY KARTHIKEYAN Advocate SR.No.33239 rl/6 c- 29.9.2011 ORDER IN CRL OP(MD) No.12844 of 2011 Date :26/09/2011 https://hcservices.ecourts.gov.in/hcservices/