BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12868 of 2011 SENTHILKUMAR : PETITIONER/ACCUSED NO.1 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.234/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.M.AJINNAH 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.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 355 and 506(I) IPC in Crime No.234 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 a College student and the de-facto complainant is a driver of the lorry. The de-facto complainant has driven a lorry with a rash and negligent manner and caused simple injury to the petitioner which was questioned by the petitioner and then the petitioner lodged a complaint against the de-facto complainant and a case has been registered in Crime No.233 of 2011 under Sections 279 and 337 IPC and in counter the de-facto complainant has given a complaint and a case has been registered against the petitioner in Crime No.234 of 2011 under Sections 341,355 and 506(I) IPC and it is a case in counter and hence he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor submits that the petitioner assaulted the de-facto complainant with chapel and the investigation is going on and he fairly conceded that it is a case in counter and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made on both sides, it is seen that the alleged occurrence took place on 20.09.2011, while the de-facto complainant, being a lorry driver, was driven a lorry in rash and negligent manner and caused accident and dashed against the petitioner and the petitioner sustained injury and the case has been registered against the de-facto complainant in Crime No.233 of 2011 under Sections 279 and 337 IPC and then the de-facto complainant gave a complaint against the petitioner and the same was registered in Crime No.234 of 2011 under Sections 341,355 and 506(I) IPC. Since it is a case in counter and the petitioner alone sustained simple injury and even though the petitioner was not arrested, he neither interfered 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, Manamadurai, and on his 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 Judicial Magistrate, Manamadurai, 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, anticipatory bail petition stands dismissed. Sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MANAMADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT. +1 CC to M/S. S.M.AJINNAH Advocate SR.No.34071 ORDER IN CRL OP(MD) No.12868 of 2011 Date :29/09/2011 NSV/3.10.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/