BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11536 of 2011 1. DURAISAMY @ KRISHNAMOORTHY 2. CHINNASAMY 3. SHANMUGAM : PETITIONERS/ACCUSED 1 to 3 Vs. THE STATE REP.BY THE SUB INSPECTOR OF POLICE, KOOMBU POLICE STATION, VEDASANTHUR TALUK, DINDIGUL DISTRICT. CR.NO.93/2011 : RESPONDENT/COMPLAINANT RAMAKRISHNAN : INTERVENER For Petitioner : M/S. R.RAMADURAI Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor For Intervener : M/S. B.THIRUPATHI Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 379, 294(b) and 506(ii) I.P.C., in Crime No.93 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners would submit that by invoking under Section 156 (3) Cr.P.C., a case has been registered against the petitioners under Sections 379, 294(b) and 506(ii) I.P.C. He further submitted that the petitioners are innocents persons and they have been falsely implicated in this case and hence, they have come forwarded with the present petition for anticipatory bail. 3. The learned counsel appearing for the intervenor would submit that the petitioners cut the trees, which situated in Survey No.501 and the value of the trees worth about Rs.80,000/-. He further submitted that on 03.02.2011, the petitioners were attempted to cut and carry away the trees, which was questioned by the defacto complainant and hence, the petitioners have made criminal intimidations and therefore, he has given a complaint against the petitioners and the same was registered by invoking under Section https://hcservices.ecourts.gov.in/hcservices/ 156(3) Cr.P.C. The petitioner apprehend the arrest, hence come forward this petition for anticipatory bail and pray for an order. 4. The learned Additional Public Prosecutor would submit that on 03.02.2011, when the petitioners cut and carrying the trees, the defacto complainant questioned the same and due to which, the occurrence has been place. He further submitted that the investigation is going on and hence, he prays for the dismissal of this application. 5. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 03.02.2011 at 10.00 a.m. and even though they were not arrested neither they interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6. 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, Vedasanthur and on executing 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 Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7. 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/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VEDASANTHUR 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE SUB INSPECTOR OF POLICE, KOOMBU POLICE STATION, VEDASANTHUR TALUK, DINDIGUL DISTRICT. +1 CC to M/S. R.RAMADURAI Advocate SR.No.32004 +1 CC to Mr. B.THIRUPATHI, ADVOCATE, SR.No.32496 ORDER IN CRL OP(MD) No.11536 of 2011 Date :19/09/2011 NSV/21.9.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/