BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) Nos.9716 & 10175 of 2011 M.PANDIAN @ MISA PANDIAN ... PETITIONER/ACCUSED NO.1 IN CRL.NO.9716/11 R.GANDHI .. PETITIONER/ACCUSED NO.1 IN CRL.NO.10175/11 Vs THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DIST. CR.NO.501 OF 2008 ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S. T.LAJAPATHYROY Advocate in crl.OP.9716/2011 and M/s.K.Deepak, Advocate in Crl.OP.NO.10175/2011 For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) in both petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 323, 324 and 506(ii) I.P.C., r/w. Section 25(i) Indian Arms Act, 1959, in Crime No.501 of 2008 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel appearing for the petitioners would submit that the petitioners are arrayed as A1 & A2, because of the Thirumangalam bye-election, a case has been registered against 17 persons for the alleged offences punishable under Sections 147, 148, 341, 323, 324 and 506(ii) I.P.C., r/w. Section 25(i) Indian Arms Act, 1959. He would further submit that 14 accused had already been released either on bail or on anticipatory bail and they apprehends for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit that the petitioners are arrayed as A1 & A2 and they used lethal weapon and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also https://hcservices.ecourts.gov.in/hcservices/ considering the fact that the alleged occurrence has been taken place on 28.12.2008 and a case has been registered against 17 persons for the alleged offences punishable under Sections 147, 148, 341, 323, 324 and 506(ii) I.P.C., r/w. Section 25(i) Indian Arms Act, 1959 and as per the report received from the learned Magistrate, 14 persons had already been released either on bail or on anticipatory bail and even though the petitioners were neither interfered with the investigation nor absconding from the jurisdiction, 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, Thirumangalam, Madurai 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/- 09/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT. 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S. T.LAJAPATHYROY ADVOCATE SR.NO.27057 +1CC TO M/S.F.DEEPAK, ADVOCATE SR.26823 SR : 12.08.2011 : 2p/7c ORDER IN CRL OP(MD) Nos.9716 & 10175 of 2011 Date :09/08/2011 https://hcservices.ecourts.gov.in/hcservices/