1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the Sixteenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD)No.14884 of 2011 R.DAVID :PETITIONER / ACCUSED RANK NOT KNOWN -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, PANANGUDI POLICE STATION, TIRUNELVLEI DT. (CRIME NO.471 OF 2011) :RESPONDENT / COMPLAINANT For Petitioner : M/S. K.SANJAI GANDHI, Advocate For Respondent : MR.C.RAMESH, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC and 4(1), 4(2) r/w Section 21(1) of the Mines and Minerals Act, in Crime No.471 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 IPC and 4(1), 4 (2) r/w Section 21(1) of the Mines and Minerals Act, in Crime No.471 of 2011. He further submits that he is the owner of the Tractor without knowledge of the petitioner the driver of the Tractor bearing Registration No.TN-72-T-2563 has transported the sand and he is an innocent person and he is nothing to do with the offence and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that while the respondent police on his patrol duty, the petitioner's Tractor bearing Registration No.TN-72-T-2563 was intercepted and found that the river sand for the value of Rs.1,000/- was transported illegally without any valid licence and the petitioner is the owner of the Tractor. He further submits that the driver of the Tractor was arrested and the Tractor has also been seized and the investigation is going on and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions, the case has been registered on 04.11.2011 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.471 of 2011 on the file of the learned Judicial Magistrate, Valliyur 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, Valliyur, 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 daily 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 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/- 16/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate, Valliyur, Tirunelveli District. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Panangudi Police Station, Tirunelveli District. +1. CC to M/S. K.SANJAI GANDHI Advocate SR.No.39997. RP/18.11.2011/2P/6C. ORDER IN CRL OP(MD) No.14884/11 Date :16/11/2011. https://hcservices.ecourts.gov.in/hcservices/