1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10806 of 2011 PARIMALAM ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE MELUR, MADURAI DISTRICT. ( IN CRIME NO.518 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.M.A.JINNAH Advocate For Respondent : MR. A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 435 and 506(i) of IPC., in Crime No.518 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that a false case has been foisted against this petitioner and A1 under Sections 435 and 506 (i) of IPC. He further submitted that in front of the de-facto complainant's property, the petitioner having his hut and therefore, there was a quarrel between both sides and hence, one Thiravidaselvan has given a complaint against the de-facto complainant and another, but no case has been registered. He further submitted that for counter blast only the present complaint has been registered against them under Sections 435 and 506(i) IPC. He further submitted that it is not a cultivable land and the de-facto complainant has laid down layout, which was covered by the compound wall. He further submitted that A1 was already arrested and enlarged on bail and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that the petitioner has made a criminal intimidation against the de-facto https://hcservices.ecourts.gov.in/hcservices/ 2 complainant and caused damage to the property to the tune of Rs.15,000/- by way of putting fire in the green gram field and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the occurrence has taken place on 7.8.2011 and the complaint has been given on 8.8.2011 and the petitioner has given a representation to the concerned police on 10.08.2011 and there is a dispute between both the parties, since the petitioner herein having his hut in front of the de-facto complainant's property and on perusal of the photograph, it is seen that it is not a cultivable land and A1 was already arrested and enlarged on bail, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Melur and on execute 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 petitioner shall report before the Court concerned daily at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 6.The petitioner 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/- 09/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, MELUR, MADURAI DISTRICT. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.M.A.JINNAH Advocate SR.No.30644 ORDER IN CRL OP(MD) No.10806 of 2011 Date :09/09/2011 TR : 13.09.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/