CRL OP(MD)/17252/2011 of KARUPAYAMMAL Vs INSPECTOR OF POLICE on 28 December 2011

Wednesday, the Twenty Eighth day of December Two Thousand ElevenPRESENT

The Hon`ble Mr. Justice S. RAJESWARAN

CRL OP(MD) No.17252 of 2011

KARUPAYAMMAL... PETITIONER / ACCUSED NO.2

Vs

STATE REP. BYTHE INSPECTOR OF POLICE SAPTUR POLICE STATION, MADURAI DISTRICT CR.NO. 172/2011 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S. A.JAYARAMACHANDRAN Advocate For Respondent : MR.C.RAMESH, Additional Public Prosecutor (Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as A2 and he prayed for grant ofanticipatory bail under section 438 Cr.P.C. for the alleged offencespunishable under Sections 379 I.P.C., r/w Section 20(1)(5) of Mines andMinerals Development Regulartion Act, 1957 in Crime No.172 of 2011, onthe file of the respondent-police and hence, seeks anticipatory bail.

2. Heard the learned counsel appearing for the petitioner andthe learned Additional Public Prosecutor (Crl.side) appearing for theState.

3.The learned counsel appearing for the petitioner would submitin his argument that the the petitioner is the owner of the vehicle andthe river sand was transported by her driver without her knowledge andshe is an innocent person and she has not committed any offence andhence, he prays for anticipatory bail in favour of the petitioner.

4.The learned Additional Public Prosecutor (crl.side) would submit inhis argument that the the river sand was illegally transported by thepetitioner without any valid permit. He would further submit in hisargument that the investigation is offing and the plea of the petitionerfor grant of anticipatory bail may not be considered.

5.Considering the facts and circumstances of the case, this Court isinclined to grant anticipatory bail to the petitioner. Accordingly, thepetitioner is entitled to be released on bail in the event of arrest oron his appearance before the learned Judicial Magistrate No.II,Usilampatti and on executing a bond for a sum of Rs.10,000/- (Rupees Tenhttps://hcservices.ecourts.gov.in/hcservices/Thousand only) with two sureties each for a like sum to the satisfactionof the learned Magistrate concerned and on further condition that thepetitioner shall report before the concerned Magistrate daily at 10.30

a.m. for a period of four weeks. The petitioner shall comply with thecondition stipulated under Section 438 Cr.P.C. scrupulously. The saidamount shall not be released without the order of this Court.

6. The petitioner shall appear before the Magistrate concerned withina period of 15 days, failing which, the anticipatory bail granted shallstand automatically cancelled.

sd/-

28/12/2011

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II,USILAMPATTI.2. THE CHIEF JUDICIAL MAGISTRATEMADURAI.

3. INSPECTOR OF POLICESAPTUR POLICE STATION, MADURAI DISTRICT.

4. THE PUBLIC PROSECUTORMADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. A.JAYARAMACHANDRAN Advocate SR.No.46083