BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12178 of 2011 1. RAMU 2. RAJAKUTTI : PETITIONERS/ACCUSED 1 & 2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KALAKKAD POLICE STATION, KALAKKAD, TIRUNELVELI DISTRICT. IN CR.NO.252/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. P.T.RAMESH RAJA 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 Section 379 I.P.C. r/w Sections 4(1) (A)(1), 21 Mines and Minerals Act, in Crime No.252 of 2011 on the file of the respondent police, the petitioners have 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 innocent persons and they have 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 accused were illegally transporting the odai sand in a tractor and the value of the sand is worth about Rs.1,000/- (Rupees Thousand only) and no case is pending against the petitioners 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. 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the https://hcservices.ecourts.gov.in/hcservices/ learned Judicial Magistrate Court, Nanguneri, subject to the following stringent conditions:- (i) Each of the petitioner shall deposit a sum of Rs.1,000/- (Rupees Thoushand only) to the credit of Crime No.252 of 2011 before the learned Judicial Magistrate Court, Nanguneri; (ii) On such deposits they 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 Court, Nanguneri, and (iii) The petitioners shall appear before the learned Judicial Magistrate Court, Nanguneri, daily at 10.30 a.m. until further orders. (iv) The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. 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/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, NANGUNERI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE KALAKKAD POLICE STATION, KALAKKAD, TIRUNELVELI DISTRICT. +1 CC to M/S. P.T.RAMESH RAJA Advocate SR.No.31434 ORDER IN CRL OP(MD) No.12178 of 2011 Date :14/09/2011 NSV/15.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/