BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10476 of 2011 1 PETCHIMUTHU KONAR 2 PETCHIMUTHU 3 MARIAPPAN 4 THIRUMALAI KONAR ...PETITIONERS/ACCUSED NO.1 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, CRIME NO. 282/2011, TIRUNELVELI DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MURUGAN Advocate For Respondent :Mr.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 to A4 and they apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 506(ii) and 379 of I.P.C. in Crime No.282 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against them for the offences under Sections 341, 294 (b), 506(ii) and 379 of I.P.C. He would further submit that earlier the petitioners were enlarged on anticipatory bail only for the offences under Sections 506(i) and 379 I.P.C and now for the offences under Sections 506(ii) and 379 of I.P.C has been committed. He would further submit that there is a dispute between the petitioner and the de-facto complainant in sharing of water and the disputed tree is not belonging to the de-facto complainant and they apprehends for arrest and hence, he prays for the enlargement on anticipatory bail. 3.The learned Government Advocate (Crl.Side) would submit that the investigation is going on and because of sharing of water, the alleged occurrence has taken place and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 04.05.2011 with regard to sharing of water and the disputed tree is not belonging to the de-facto complainant and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Tenkasi, Tirunelveli District and each of them 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 petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. The petitioners 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/- 12/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICAL MAGISTRATE TENKASI, TIRUNELVELI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION , TIRUNELVELI DISTRICT +1. CC to M/S. S.MURUGAN Advocate SR.No.27551 rl/6c – 16.8.2011 ORDER IN CRL OP(MD) No.10476 of 2011 Date :12/08/2011 https://hcservices.ecourts.gov.in/hcservices/