BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8640 of 2011 1 NELSAN 2 CHANDRABOSE 3 HARIRAM ... PETITIONERS/ACCUSED NO.2, 3 AND 4 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE MUTHAIYAPURAM POLICE STATION, THOOTHUKUDI (IN CR.NO.349 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ALAGUMANI Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) 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 offence punishable under Sections 448, 427, 379 and 506(ii) I.P.C. and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.349 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that there is a landlord tenant dispute pending between the petitioners and the defacto complainant and on the basis of the false complaint given by the tenant a case has been registered against the petitioners under Sections 448, 427, 379 and 506(ii) I.P.C. and Section 4 of Tamil Nadu Women Harassment Act. The petitioners are arrayed as A2, A3 and A4. He further submits that A1 has already been released on bail and the petitioners 1 and 2 are the brothers of A1 and the third petitioner is the father of A1 and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the investigation is an initial stage and A1 has already been released on bail and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that A1 has already been released on bail and the investigation is considerably over. Even though the petitioners were not arrested neither they tampering the witnesses nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Thoothukudi and on executing a separate 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. 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, the petition for anticipatory bail stands dismissed. Sd/- 19/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I THOOTHUKUDI 2 THE CHIEF JUDICIAL MAGISTATE THOOTHUKUDI 3 THE SUB INSPECTOR OF POLICE MUTHAIYAPURAM POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. R.ALAGUMANI Advocate SR.No.23617 ssk/20.07.2011 /6c -2p/- ORDER IN CRL OP(MD) No.8640 of 2011 Date :19/07/2011 https://hcservices.ecourts.gov.in/hcservices/