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.12382 of 2011 M.NALLAKKANNU : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE SIVALAPERI POLICE STATION, CR.NO.112 OF 2011, TIRUNELVELI. : RESPONDENT/COMPLAINANT For Petitioner : M/S. K.MUTHUMALAI 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/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b),452, 427,379 and 506(ii) in Crime No.112 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false case has been foisted under Sections 294(b),452, 427,379 and 506(ii) as if on 26.08.2011 the petitioner/accused entered into the mobile shop of the de-facto complainant and demanded a free mobile phone and caused damage to the tune of Rs.10,000/- and took away Rs.300/-. On the basis of complaint given by the de-facto complainant the case has been registered. He further submitted that since the petitioner sustained injury in the same transaction on the basis of complaint given by the petitioner the case has been registered in Crime No.113 of 2011 under Sections 147,294(b) and 323 IPC and he was admitted in the hospital and now only he discharged from the hospital and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor submits that it is a case in counter that the petitioner/accused damaged to tune of Rs.10,000/- and took away Rs.300/- and the investigation is at earlier stage, and the petitioner is having one previous case and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions it is seen that the alleged occurrence took place on 26.08.2011 and there is a case in counter in Crime Nos.112 and 113 of 2011 and the petitioner also sustained injury and now discharged from the hospital, but the alleged accused caused a damage to the tune of Rs.10,000/-, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposits a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of Crime No.112 of 2011 on the file of the learned Judicial Magistrate No.III, Tirunelveli and on receipt of the same, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Tirunelveli and on his 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 Judicial 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. 5. 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/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.3, TIRUNELVELI DISTRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE SIVALAPERI POLICE STATION, TIRUNELVELI. +1 CC to M/S. K.MUTHUMALAI Advocate SR.No.32245 ORDER IN CRL OP(MD) No.12382 of 2011 Date :19/09/2011 NSV/21.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/