1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9472 of 2011 1.SHEIT 2.NAGOOR KANI ... PETITIONERS/ACCUSED no. 8, 10 Vs STATE REP.BY THE INSPECTOR OF POLICE B1 VILAKKUTHOON POLICE STATION, MADURAI, CRIME NO.1283/2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ALAGUMANI 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 petitioners/Accused Nos.8 and 10 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,149,341,307,506(ii),436, and 109 IPC and Sections 4 and 5 of the Explosive Substance Act, 1908 and Section 3(1) of TNPPDL Act, in Crime No.1283 of 2010 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 arrayed as A8 and A10 and a false case has been foisted against the petitioners under Sections 147,148,149,341, 307,506(ii),436, and 109 IPC and Sections 4 and 5 of the Explosive Substance Act, 1908 and Section 3(1) of TNPPDL Act and the occurrence took place on 14.10.2010. He further submits that the case has been registered against 30 persons, 16 persons were already arrested and enlarged on bail and 10 persons were enlarged on anticipatory bail and the investigation is considerably over https://hcservices.ecourts.gov.in/hcservices/ 2 and the petitioners are apprehending arrest and hence, they pray for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) submits that on a fateful day of 14.10.2010 at about 06.15 a.m., the petitioners and some other co-accused were entered into the fish market with weapons attacked the P.S.Abdulkadar and made a criminal intimidation to the de-facto complainant and they have hurled the petrol bottles into the de-facto complainant's fish shop and set fire and caused damage to the tune of Rs.5,00,000/- and because of local body election the dispute arose and run over the fish market and the investigation is going on and now the respondent is ready for filing charge sheet. He fairly conceded that there are 15 accused were already arrested and enlarged on bail and ten accused were enlarged on anticipatory bail and A1 and A9 were absconding and and hence he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides, it is seen that the alleged occurrence took place on 14.10.2010 and the case has been registered against 30 persons. As per the version of the learned Additional Public Prosecutor the investigation is over and the draft charge sheet was prepared and 16 persons were already arrested and enlarged on bail and 10 persons were enlarged on anticipatory bail and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai, 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. https://hcservices.ecourts.gov.in/hcservices/ 3 6.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, anticipatory bail petition stands dismissed. sd/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE B1 VILAKKUTHOON POLICE STATION, MADURAI 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.ALAGUMANI Advocate SR.No.32280 ORDER IN CRL OP(MD) No.9472 of 2011 Date :19/09/2011 TR : 22.09.2011: 3p/6c https://hcservices.ecourts.gov.in/hcservices/