BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12183 of 2011 ABBAS : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT. (CRIME NO.141 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.A.AJMALKHAN 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 109, 294(b) and 506(i) I.P.C. in Crime No.141 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 alleged occurrence has been taken place on 08.09.2011, but the complaint has been given on 10.09.2011 and there is a delay in preferring the complaint. He further submitted that since the petitioner is belonging to rival political party, a false case has been foisted against him and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit a case has been registered against A1 to A3 and the petitioner is arrayed as A2. He further submitted that the investigation is going on and no one was arrested and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 08.09.2011, but the complainant has been given only on 10.09.2011 and no one sustained injured in the alleged occurrence and as per the version of the learned counsel for the petitioner since the petitioner is belonging to rival political party, the present complaint has been given against the petitioner, 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, Melur and on execute 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, the petition for anticipatory bail stands dismissed. Sd/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MELUR. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT. +1 CC to M/S. S.A.AJMALKHAN Advocate SR.No.31308 ORDER IN CRL OP(MD) No.12183 of 2011 NSV/16.9.11/2P/6C Date :14/09/2011 https://hcservices.ecourts.gov.in/hcservices/