BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10075 of 2011 1 K. PRABU 2 M. GOPAL KRISHNAN ...PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE MATHICHIYAM POLICE STATION, MADURAI, CRIME NO.1021 OF 2011 ... RESPONDENT For Petitioner : M/S.F.DEEPAK 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 /Accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 342, 323, 427, 554, 380 of I.P.C. in Crime No.1021 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.THe learned counsel for the petitioners would submit that the petitioners were charged under Sections 341, 342, 323, 427, 554, 380 of I.P.C. and the petitioners are arrayed as A1 and A2 and on the basis of the complaint given by one Selvam, a case has been registered and they apprehend for arrest and hence, prays for enlargement on anticipatory bail. 3.The learned Additional Pubic Prosecutor (Crl.Side) would submit the case has been registered in Crime No.1021 of 2011 against the petitioners on 11.7.2011 under Sections 341, 342, 323, 427, 554, 380 of I.P.C. on the basis of the petition forwarded by the Judicial Magistrate and investigation is going on and the alleged occurrence has been taken place on 13.12.2009 and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, the alleged occurrence took place on 13.12.2009 and on the basis of the private complaint preferred by the defacto complainant that has been forwarded to this respondent police under Section 156 https://hcservices.ecourts.gov.in/hcservices/ (3) of Cr.P.C., a case has been registered in Crime No.1021 of 2011 on 11.7.2011 and the petitioner has taken away the property worth Rs.5 lakhs from the TV shop and the case was registered against two persons and even though the occurrence has been taken place on 13.12.2009, complaint was given only on 11.7.2011. Considering the same, I 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 arrest or on their appearance before the learned Judicial Magistrate 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 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, anticipatory bail petition stands dismissed. sd/- 05/08/2011 / 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 INSPECTOR OF POLICE MATHICHIYAM POLICE STATION, MADURAI +1. CC to M/S.F.DEEPAK Advocate SR.No.26666 rl/6c – 8.8.2011 ORDER IN CRL OP(MD) No.10075 of 2011 Date :05/08/2011 https://hcservices.ecourts.gov.in/hcservices/