BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11705 of 2011 1 KANNAN ALIAS AATHA KANNAN 2 SIVAKUMAR 3 SASIKUMAR ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs THE STATE REP BY' THE SUB INSPECTOR OF POLICE APPAN THIRUPATHI OOMACHIKULAM MADURAI DISTRICT CR.NO.228/2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.HEMAKARTHIKEYAN Advocate For Respondent : Mr.A.RAMAR,Govt. Advocate ( Crl. Side) 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 respnodent police for the alleged offences punishable under Sections 147, 427, 379 (NP) and 506(i) I.P.C. in Crime No.228 of 2010 on the file of the respondent police and hene, seek anticipatory bail. 2.THe learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would further submit that the petitioners are arrayed as A1 to A3 and A4 and A5 were already enlarged on anticipatory bail and the alleged occurrence has been taken place on 16.08.2009 and a complaint has been given on 01.09.2009, but a case has been registered after 7 months in Crime No.228 of 2010 and the investigation is considerably over and he apprehends for arrest and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor(Crl.SIde) would submit that the petitioners are trespass into the house of the defacto complainant and caused damage to the tune of Rs.3,000/- and the investigation is going on. He would further submit that A4 and A5 were already enlarged on anticipatory bail and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides and laso considering the fact that the alleged occurrence has been taken place on 16.08.2009 and a complaint was given on 01.09.2009, but a case has been registered only in the year 2010, and the investigation is considerably over and A4 & A5 were already enlarged on anticipatory bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the Judicial Magistrate Court No.II, Madurai and each of them 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 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 petitiones shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5.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/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.II, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE APPAN THIRUPATHI OOMACHIKULAM MADURAI DISTRICT +1. CC to M/S. K.HEMAKARTHIKEYAN Advocate SR.No.30357 rl/6c – 12.9.2011 ORDER IN CRL OP(MD) No.11705 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/