1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16246 of 2011 BABU @ ODISAL BABU ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. (CR.NO.1072 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.SASI KUMAR Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A2 and he prayed for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Sections 353 and 506(i) IPC in Crime No.1072 of 2011 on the file of the respondent police, seeks anticipatory bail. 2.Heard Mr.V.Sasikumar, learned Counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is an innocent person and he has not committed any offence. He would further submit in his argument that the petitioner has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. 4.The learned Government Advocate would submit in his argument that the petitioner and others have come to a check post and seeking permission to transport sand to kerala without valid permit and on refusing the same, the accused persons threatened the police. He would further submit that on one sustained injury in the alleged occurrence and the investigation is offing and the plea of the petitioner for grant of anticipatory bail may not be considered. 5.Considering the facts and circumstances of the case, I could see that no one sustained injury in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kuzhithurai and on executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with https://hcservices.ecourts.gov.in/hcservices/ 2 two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kuzhithurai and on further condition that the petitioner shall appear before the Magistrate 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 Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. V.SASI KUMAR Advocate SR.No.43494 ORDER IN CRL OP(MD) No.16246 of 2011 Date :13/12/2011 TR : 14.12.2011 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/