BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11726 of 2011 K.VIJAYAN PILLAI : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE EOW-II, NAGERCOIL, KANYAKUMARI DISTRICT. IN CRIME NO.1 OF 2009 : RESPONDENT/COMPLAINANT For Petitioner : M/S. P.PRABHAKARAN 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 offences punishable under Sections 120(b) and 407 I.P.C in Crime No.1 of 2009 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel appearing for the petitioner would submit that a case has been registered against 4 accused and the petitioner's name was not found in the F.I.R., but the other accused whose names were found place in the F.I.R., were already released on anticipatory bail and he apprehends for arrest and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that the other accused were already enlarged on anticipatory bail and the amount involved at Rs.5 crores and 85 thousand and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place https://hcservices.ecourts.gov.in/hcservices/ on 19.02.2009 for the alleged offences punishable under Sections 120 (b) and 407 I.P.C and the case has been registered against 4 accused and the petitioner's name was not found in the F.I.R and the other named accused were already released on anticipatory bail and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Padmanabhapuram and 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 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. 5. 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/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, PADMANABHAPURAM. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, EOW-II, NAGERCOIL, KANYAKUMARI DISTRICT. +1 CC to M/S. P.PRABHAKARAN Advocate SR.No.30197 ORDER IN CRL OP(MD) No.11726 of 2011 NSV/8.9.11/2P/6C Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/