BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand Eleven PRESENT The Hon'ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.13889 of 2011 1 ARUMUGAPERUMAL 2 ALAGURAJA 3 BALAMURUGAN 4 SELVAPUSHPAM 5 KASIAMMAL ...PETITIONERS/ACCUSED NOS.1 TO 5 Vs THE STATE REP BY THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT CRIME NO. 186/2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. M.SUBASH BABU Advocate For Respondent : Mr.K.S.DURAI PANDI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for offences under Sections 147, 294(b), 323, 506(ii) I.P.C. in Crime No.186 of 2011 on the file of the respondent police, the petitioners have come up with this petition seeking anticipatory bail. 2.According to the case of prosecution, the first petitioner is the brother of the de-facto complainant and the second and third petitioners are the sons of the first petitioner and the fourth petitioner is the daughter-in-law of the first petitioner and the fifth petitioner is the wife of the first petitioner. According to the case, the fourth petitioner is contesting in the ensuing local body election which is to be held on 19.10.2011. Due to some dispute, it is alleged that the petitioners joined together and attacked the de-facto complainant with hands and broomstick. 3.The learned counsel appearing for the petitioners would deny the above said allegations. According to him, due to political motive and in order to prevent the petitioners from canvassing in the election, a false case has been registered. https://hcservices.ecourts.gov.in/hcservices/ 4.I have considered the above submissions. 5.Having regard to the nature of allegations made against the petitioners and the fact that no-one sustained injury in the alleged occurrence and also having regard to the fact that execept 506(ii) I.P.C., all the offences are bailable in nature and the fact that the fourth petitioner is contesting in the election which is to be held on 19.10.2011 and all other attendant circumstances, I am inclined to grant anticipatory bail to the petitioners but with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Vilathikulam, Tuticorin District, on executing 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerend and on further condition that the petitioners shall report before the respondent police every day at 10.30 a.m. for a period of four weeks , without fail. The petitiones are permitted to go over to the occurrence village and vote in the election. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. sd/- 18/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE VILATHIKULAM, TUTICORIN DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT +1. CC to M/S. M.SUBASH BABU Advocate SR.No.35927 rl/6c – 18.10.2011 ORDER IN CRL OP(MD) No.13889 of 2011 Date :18/10/2011 https://hcservices.ecourts.gov.in/hcservices/