1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12303 of 2011 A. KUMAR @ THAVASI KUMAR ... PETITIONER/ACCUSED(RANKS NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO.222/2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D.VENKATESH Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) 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 294(b), 353 and 506(i) IPC and Section 3 of the TNPPDL Act and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.222 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 was arrayed as an accused No.3 and the false case has been foisted against him. He further submitted that the petitioner along with the other villagers surrounded the Koodankulam Nuclear Power Plant and they had made an agitation and made an objection to have the Nuclear Power Plant there so. He further submitted that some of the Villagers were already enlarged on bail. The value of the damage is only Rs.200/- and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the case has been registered against five persons. The defacto complainant is a Secretary of Self Help group she has made an arrangement for collecting the signature in Koodankulam area, the accused is not believing her act, he abused the defacto complainant and outraged her modesty and threatened with dire consequence and damaged a note book of the defacto complainant and the same is worth about Rs.200/-. He further submitted the petitioner is having seven previous cases and out of seven cases, in five cases he was acquitted, in one case, he was convicted and https://hcservices.ecourts.gov.in/hcservices/ 2 one case is pending 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 dispute is in respect of formation of the Koodankulam Nuclear Power Plant, the defacto complainant is a President of one Self Help group and she has obtained a signature from the public for supporting the formation, the petitioner is not having faith with her so he alleged to abuse her and the occurrence has been taken place on 15.08.2011 and the case has been registered on the same day, I am inclined to grant anticipatory bail to the petitioner. 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, Valliyur 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/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,VALLIYUR. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION,TIRUNELVELI DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. D.VENKATESH Advocate SR.No.31910 ORDER IN CRL OP(MD) No.12303 of 2011 Date :16/09/2011 PA/19.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/