BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15493 of 2011 1. S.SURESH KUMAR 2. MURTHY : PETITIONERS/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT. (CR.NO.394 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.BALAKARTHICK 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 :- The petitioners are arrayed as accused and they prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 379 I.P.C., and Sections 447, 427, 457, 380 and 506(ii) I.P.C., in Crime No.394 of 2011, on the file of the respondent-police and hence, seek anticipatory bail. 2. Heard Mr.S.Balakarthick, learned counsel appearing for the petitioners and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Crl.side) appearing for the State. 3. The learned counsel appearing for the petitioners would submit in his argument that the petitioners are innocent persons and they have not committed any offence and hence, he prays for anticipatory bail in favour of the petitioners. 4. The learned Additional Public Prosecutor (crl.side) would submit in his argument that the petitioners entered into the de-facto complainant's site and damaged the concrete slab and took 10 bags of https://hcservices.ecourts.gov.in/hcservices/ cements and when questioned for the said act, they threatened the de- facto complainant with dire consequences. He would further submit in his argument that the investigation is offing and the plea of the petitioners for grant of anticipatory bail may not be considered. 5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.394 of 2011 on the file of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District and on receipt of the same, the petitioners are entitled to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ambasamudram, 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 report before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The said amount shall not be released without the order of this Court. 6. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. Sd/- 07/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. S.BALAKARTHICK Advocate SR.No.42814 ORDER IN CRL OP(MD) No.15493 of 2011 NSV/12.12.11/2P/6C Date :07/12/2011 https://hcservices.ecourts.gov.in/hcservices/