1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11972 of 2011 PONRAJ ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT IN CR.NO. 393/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.PON KARTHIKEYAN 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 No.3 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (B),323 and 506(i) IPC in Crime No.393 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Cousnel for the petitioner would submit that the petitioner arrayed as A3 and because of previous enmity between the petitioner and the de-facto complainant a false case has been registered agaisnt the petitioner under Sections 294(B),323 and 505(i) IPC. He further submits that the alleged occurrence took place on 28.08.2011 and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submits that the case has been registered against four persons and the petitioner arrayed as A3 and there are three cases are pending against the petitioner and the investigation is going on and hence he prays for dismisal of this application. He fairly conceded that the injured treated as O.P. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made on both side, it is seen that the alleged occurrence took place on 28.08.2011 and the case has been registered agaisnt four persons under Sections 294(B), 323 and 506(i) IPC and the injured treated as O.P and even though three cases are pending against the petitioner, the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, 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 his appearance before the learned Judicial Magistrate No.I, Tirunelveli, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for alike sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli, 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 wtihin a period of 15 days from the date on which the order copy made ready, failnhg which, anticipatory bail petition stands dismissed. sd/- 12/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE SUB INSEPCTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.PON KARTHIKEYAN Advocate SR.No.31093 ORDER IN CRL OP(MD) No.11972 of 2011 Date :12/09/2011 TR : 14.09.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/