BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14277 of 2011 M.ILANGO : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE SUB-INSPECTOR OF POLICE TRICHY RAILWAY POLICE STATION, TRICHY. (IN T.R.P.CR.NO.545/2011 TRICHY RAILWAY POLICE STATION, U/SEC.332, 379 OF IPC ) : RESPONDENT/COMPLAINANT For Petitioner : M/S. M.P.DHAMODARAN Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor 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 in Crime No.545 of 2011 on the file of the respondent police for alleged offences under Sections 332 and 379 of the Indian Penal Code, the petitioner has come up with the present petition, seeking anticipatory bail. 2. According to the case of prosecution, the petitioner is working as a Police Constable. On the crucial date, he developed quarrel with the Gate Keeper, because the railway gate has been closed, attacked him and took away the motorcycle. The motor cycle has been subsequently recovered by the police. 3. The learned Counsel for the petitioner would submit that the petitioner has not committed any offence and he has been falsely implicated in this case. According to him, having locked the gate, he https://hcservices.ecourts.gov.in/hcservices/ was not present on his duty and the same was questioned by some general public, quarreled over the same, he has preferred a false complaint. 4. Having regard to the fact that the petitioner is working as a Police Constable and the stand taken by him that the gate keeper was not present to open the gate, thereby causing nuisance to the general public, I am inclined to grant anticipatory bail to the petitioner, but with conditions. 5. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Trichy, on 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police everyday at 10.30 a.m., without fail for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. Sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.4, TRICHY. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE SUB-INSPECTOR OF POLICE TRICHY RAILWAY POLICE STATION, TRICHY. +1 CC to M/S. M.P.DHAMODARAN Advocate SR.No.37610 ORDER IN CRL OP(MD) No.14277 of 2011 NSV/4.11.11/2P/6C Date :02/11/2011 https://hcservices.ecourts.gov.in/hcservices/