1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12695 of 2011 1.BALASELVARANI 2.SANKARAMMAL 3.RAMACHANDRAN ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs STATE THROUGH THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.161/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. AR. JEYA RHUTHRAN 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 petitioners/accused Nos.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b), 323, 506(i) and 379(NP) of IPC in Crime No.161 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are arrayed as A1 to A3 and the alleged occurrence has been taken place on 12.09.2011 and complaint has been given on 14.09.2011 and there is a delay in preferring the complaint. He further submitted that it is only counter blast and the petitioner herein has given complaint on 13.09.2011 which was registered in Crime No.160 of 2011 under Sections 294 (b), 323, 506(i), 452 and 379(NP) of IPC and after that, the present complaint has been given and no one has been sustained injury and since it is a dispute between the brother and sister and a false case has been foisted against the petitioners and the petitioners apprehend for arrest and they come forward with this application and prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the alleged occurrence has been taken place on 12.09.2011 and complaint has been given on 14.09.2011 and the petitioners have taken away 3 sovereigns of gold worth Rs.60,000/- and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 12.09.2011 at 2 p.m and the petitioner herein as given a complaint on 13.09.2011 and the case has been registered in Crime No.160 of 2011 and on1 14.09.2011 only the present case in Crime No.161 of 2011 has been registered against the petitioners. Admittedly, there is a dispute between the brother and sister and it is a case and counter and injured has been discharged from the hospital and there is delay in preferring the complaint. Considering all these facts and considering the relationship between the parties, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Valliyoor, Tirunelveli District and each of them 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 petitioners shall appear before the concerned court daily at 10.30 a.m until further orders. The petitioners shall comply with the conditions 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, anticipatory bail petition stands dismissed. sd/- 22/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE, RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT, 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12695 of 2011 Date :22/09/2011 TR : 27.09.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/