1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Fifth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8592 of 2011 BALATHANDAYUTHAPANI :PETITIONER / ACCUSED NO.3 -Vs- THE STATE REP. BY, THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT. CR NO. 34/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. P.SENGUTTUARASAN, 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 452, 427 and 436 of I.P.C. in Crime No.34 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under sections 147, 148, 452, 427 and 436 of I.P.C. and the petitioner is arrayed as A3 and the alleged occurrence has been taken place on 1.2.2011 and the complaint was given on 2.2.2011 and the defacto complainant and the petitioner are close relatives and the matter is already settled and he further submitted that charge sheet has been filed which was taken on the file in C.C.No.66 of 2011 and he apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.side) would submit that the alleged occurrence has been taken place on 01.02.2011 and the complaint has been given on 2.2.2011 and the petitioner caused damage worth Rs.90,000/- and investigation is over and charge sheet has been filed and he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides, the alleged occurrence took place on 1.2.2011 and the complaint was given on 2.2.2011 and the case has been registered under sections 147, 148, 452, 427 and 436 of IPC and investigation is over and charge sheet has been filed and as per the version of the learned counsel for the petitioner, the matter has been settled between the parties. Considering the same, 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.II, Usilampatti, 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 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, anticipatory bail petition stands dismissed. sd/- 05/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:II, Usilampatty, Madurai District. 2.-Do- Thro' The Chief Judicial Magistrate, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Saptur Police Station, Madurai District. +1. CC to M/S. P.SENGUTTUARASAN Advocate SR.No.26346. RP/08.08.2011/2P/6C. ORDER IN CRL OP(MD) No.8592/2011 Date :05/08/2011. https://hcservices.ecourts.gov.in/hcservices/