BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11470 of 2011 PANDI @ MADRAS PANDI ..PETITIONER/ACCUSED NO.1 Vs. STATE REP.BY THE INSPECTOR OF POLICE M.KALLUPATTI POLICE STATION MADURAI DISTRICT. CR.NO.74/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. P.SENGUTTURASAN Advocate For Respondent : MR.A.RAMAR, 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 alleged offences punishable under Sections 294(b), 353, 379 and 307 I.P.C. and Section 20(i) (5) of Mines and Minerals Act, in Crime No.74 of 2011 on the file of the respondent police, the petitioner has come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A1 and he is the owner of the vehicle. He further submitted that the alleged occurrence has been taken place on 06.08.2011 at about 4.00 p.m. and in the scene of occurrence he was not there. He further submitted that he is an innocent person and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the petitioner is the owner of the Tractor, in which he was illegally transporting the river sand and the value of the sand is worth about Rs.3,000/- (Rupees Three Thousand only) and hence, he prays for the dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the facts and circumstances the case and also considering the fact that the petitioner is the owner of the Tractor and the driver and another accused have already been arrested and released on bail, I am inclined to grant anticipatory bail to the petitioner. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Usilampatti, subject to the following stringent conditions:- (i) The petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Crime No.74 of 2011 before the learned Judicial Magistrate No.I, Usilampatti; (ii) On such deposits the petitioner 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.I, Usilampatti, and (iii) The petitioner shall appear before the learned Judicial Magistrate No.I, Usilampatti, daily at 10.30 a.m. until further orders. (iv) The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioner 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/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S. P.SENGUTTURASAN Advocate SR.No.30633 akm/12.09.11 /2p-6c/ ORDER IN CRL OP(MD) No.11470 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/