BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12419 of 2011 SARGUNAM ... PETITIONER/ACCUSED NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE TENKASI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.872 OF 2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.MURUGAN 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.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b),341,323,307 and 506(ii) I.P.C. in Crime No.872 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner is arrayed as A2 and the case has been filed against the petitioner under Sections 294(b),341,323,307 and 506(ii) I.P.C. in Crime No.872 of 2011. On 23.08.2011, A1 was arrested and the injured has been discharged from the hospital. He further submits that the allegation is against the petitioner that he armed with wooden plank and assaulted the de-facto complainant and the injured has been discharged from the hospital and the investigation is considerably over and hence, he pray for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) fairly conceded that the injured has been discharged from the hospital and A1 was arrested and remanded to judicial custody and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, it is seen that the alleged occurrence took place on 23.08.2011 the case has been registered under Sections 294(b),341,323,307 and 506(ii) I.P.C. The overt act is against the petitioner he is armed with wooden plank and assaulted the de-facto complainant and the injured has been discharged from the hospital and even though the petitioner was not arrested, he neither interfere with the investigation nor absconded from the jurisdiction, 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 his arrest or on his appearance before the learned Judicial Magistrate, Tenkasi, Tirunelveli District, and on his executing a bond https://hcservices.ecourts.gov.in/hcservices/ 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 Judicial 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, the petition for anticipatory bail stands dismissed. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, TENKASI. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.S.MURUGAN ADVOCATE SR.NO.32170. ORDER IN CRL OP(MD) No.12419 of 2011 Date :20/09/2011 2P/6C RPB 22.09.2011 https://hcservices.ecourts.gov.in/hcservices/