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.10816 of 2011 1. ANBHU 2. NATARAJ 3. ARUMUGAM ... PETITIONERS/ACCUSED No.5 to 7 Vs THE INSPECTOR OF POLICE MELUR, MADURAI DISTRICT, CRIME NO.483/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.M.A.JINNAH Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.5 to 7 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC in crime No.483 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned Counsel for the petitioners would submit that A1 is a lorry driver, A2 to A4 are associate of A1. The de-facto complainant is a Manager of the steel company. On a feteful day they uploading the iron rod weighing 40 tonnes. It is alleged by A1 to A4 that Rs.8,00,000/- worth of iron rod has been stolen. A5 to A7 are the loadman when the lorry has been breakdown at Melur and A5 to A7 were called upon by A1 for unloading the iron rod. He further submitted that A1 to A4 were arrested and released on bail and the properties were already recovered. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case and hence, they pray for enlargement on anticipatory bail. 3. Refucing the same, the learned Additional Public Prosecutor (Crl.Side) would submit that A1 is a driver and he transporting the iron rod from coimbatore to Madurai. A2 stopped the vehicle and removed some portion of iron rod to some other vehicle where A5 to A7 unload and upload the material so they were included as accused. He fairly conceded that the properties were recovered, and the accused A1 to A4 were arrested and enlarged on bail and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides the alleged occurrence took place on 18.07.2011 the complaint was given on 19.07.2011 and the case has been registered against seven persons. Admittedly A5 to A7 are loadman and they assist A1/driver who transported the 40 tonnes of iron rod from Coimbatore to Madurai for unload the 20 tonnes of iron rod to the another vehicle, but the main accused A1 to A4 are already arrested and enlarged on bail and that the property has already been recovered and even though the petitioners were not arrested they neither interfered with the investigation not absconded from the jurisdiction I https://hcservices.ecourts.gov.in/hcservices/ am inclined to grant anticipatory bail to the petitioners with certain conditions. 5. Accordingly the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Melur, and each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureites each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further condition that petitioners shall report before the court concerned daily at 10.30 am., until further orders. 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/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MELUR 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3. THE INSPECTOR OF POLICE MELUR, MADURAI DISTRICT, 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. S.M.A.JINNAH Advocate SR.No.30468 GH : 13.09.2011 : 2P/6C ORDER IN CRL OP(MD) No.10816 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/