1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twelfth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14716 of 2011 1.S.SUDALAIMANI 2.BASKAR 3.MAYANDI ... PETITIONERS/ACCUSED NO.2 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, ERUVADI POLICE STATION, TIRUNELVELI DISTRICT. CR.NO. 241/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D.VENKATESH 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 :- Apprehending arrest, at the hands of the respondent police, for the offence punishable under Section 21(1) of the Mines and Mineral (Development & Regulation) Act, 1959 and Section 379 of IPC, the petitioners are before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the petitioners were load men in the tractor owned by the first accused. The said tractor was found carrying one unit of illegal mine sand. The driver of the tractor was arrested on the same day. 3.The learned counsel for the petitioners would submit that the petitioners are only load men in the tractor. They had no knowledge that the sand was illegally transported. Hence the petitioners are entitled for anticipatory bail. 4.I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Having regard to the fact that the petitioners are poor people and they are doing coolie work, they would not indulge in sand mining, I am inclined to grant bail to the petitioners, with the following conditions: 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, on each 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police every day at 10.30 a.m for a period of four weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 12/11/2011 / 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 THE INSPECTOR OF POLICE, ERUVADI POLICE STATION, TIRUNELVELI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. D.VENKATESH Advocate SR.No.39442 ORDER IN CRL OP(MD) No.14716 of 2011 Date :12/11/2011 TR :15.11.2011: 2P/6C https://hcservices.ecourts.gov.in/hcservices/