BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.16810 of 2011 SELVARAJ, ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION KANYAKUMARI DISTRICT. (CR.NO.1122 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.SASIKUMAR Advocate For Respondent : MR.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 506(ii) of IPC and MMDR Act 1967 (A), Tamil Nadu Mines and Minerals Rules 1969, in Crime No.1122 of 2011, on the file of the respondent police and hence, seeks anticipatory bail. 2.Heard Mr.V.Sasikumar, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor 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. He would further submit that he is the owner cum driver of his lorry. He would further submit in his argument that the petitioner has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. 4.The case of the prosecution is that the petitioner along with the first accused came to the Padanthalmoodu Check Post and abused filthy language against the Sub-Inspector of Police. 5. The learned Additional Public Prosecutor would submit that the investigation is offing and the plea of the petitioner for grant of anticipatory bail may not be considered. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on condition that https://hcservices.ecourts.gov.in/hcservices/ the petitioner shall deposit a sum of Rs.1,000/- (Rupees One thousand only) before the learned Judicial Magistrate No.I,Kulithurai, 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 No.I, Kulithurai 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 and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks. 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. 7. 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/- 21/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.I, KULITHURAI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL. 3. THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION KANYAKUMARI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1CC TO M/S.V.SASI KUMAR, ADVOCATE SR : 44943 SR : 26.12.2011 : 2P/6C ORDER IN CRL OP(MD) No.16810 of 2011 Date :21/12/2011 https://hcservices.ecourts.gov.in/hcservices/