BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15848 of 2011 J. ASHOK ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE KADAYAM POLICE STATION, IN CRIME NO.355/2011, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.SUBBARAJ Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused and he prayed for grant of anticipatory bail under section 438 Cr.P.C., for the alleged offences punishable under Sections 294(b), 427 and 436 I.P.C., in Crime No.355 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.Heard Mr.P.Subaraj, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Criminal side) 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 and hence, he prays for anticipatory bail in favour of the petitioner. 4. The learned Additional Public Prosecutor (Crl.Side) would submit in his argument that the petitioner damaged the shop of the defacto complainant by setting fire. He would further submit in his argument that 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, this court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.70,000/- (Rupees Seventy thousand only) to the credit of Crime No.355 of 2011 on the file of the learned Judicial Magistrate, Ambasamudram, and on receipt of the same, the petitioner is entitled to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Ambasamudram and on 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 https://hcservices.ecourts.gov.in/hcservices/ and on further condition that the petitioner shall report before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. The said amount shall not be released without the order of this Court. 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/- 07/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE AMBASAMUDRAM 2 THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DISTRICT. 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. P.SUBBARAJ Advocate SR.No.42878 ssk/10.12.2011 /5c -2p/- ORDER IN CRL OP(MD) No.15848 of 2011 Date :07/12/2011 https://hcservices.ecourts.gov.in/hcservices/