BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12221 of 2011 SHERIFA BEGAM : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.561/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.UDHAYAKUMAR 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323, 324, 341, 294(b) and 506(ii) of IPC in Crime No.561 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioner would submit that on 8.9.2011, the alleged occurrence has been taken place and A1 and A2 were already enlarged on anticipatory bail and there was a civil dispute between the petitioner and the defacto complainant and both sides have sustained injury and a false case has been foisted against the petitioner and the injured has been discharged from the hospital and the petitioner apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same,the learned Additional Public Prosecutor submitted that the alleged occurrence has been taken place on 8.9.2011 and it is a case and counter and the injured has been discharged from the hospital and A1 and A2 were already enlarged on anticipatory bail by the Sessions Court and investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 8.9.2011 in respect of dispute between two groups regarding fishery rights from the water tank of kanmoi and on the basis of the complaint given by the petitioners a case in crime No. 562 of 2011 has been registered under Sections 323, 294(b) and 506(ii) of IPC and on the basis of the https://hcservices.ecourts.gov.in/hcservices/ complaint given by the defacto complainant, the present case in Crime No. 561 of 2011 has been registered under Sections 323, 324, 341, 294 (b) and 506(ii) of IPC and already A1 and A2 were enlarged on anticipatory bail by the District and Sessions Judge. Since it is case and counter and there is a delay in preferring the complaint, 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 arrest or on their appearance before the learned Judicial Magistrate No.1, Madurai, and 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 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, anticipatory bail petition stands dismissed. Sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1 SIVAGANGAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. +1 CC to M/S. R.UDHAYAKUMAR Advocate SR.No.31669 ORDER IN CRL OP(MD) No.12221 of 2011 Date :15/09/2011 NSV/19.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/