BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10799 of 2011 1 R. RAVICHANDRAN 2 A. ANANDA PRAKASH 3 M. KARTHICK ... PETITIONER(S) / ACCUSED 1 to 3 Vs STATE REP BY:: THE INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, MADURAI DISTRICT, CRIME NO.115/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K.SAMIDURAI 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 No.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 324 and 506(ii) of I.P.C in Crime No.115 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that after filing of this application, A1 was arrested and enlarged on bail. Therefore, in so far as A1 is concerned, the application for anticipatory bail is dismissed as infructuous. 3.The learned counsel for the petitioners would further submit that the alleged occurrence has been taken place on 8.8.2011 and the case has been registered against three persons and the injured has been discharged from the hospital and investigation is considerably over and the petitioners are the Polytechnic College students and there is clash between two groups and other side has sustained injury and the petitioners 2 and 3 apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 4. Refuting the same, the learned Additional Public Prosecutor submitted that the case has been registered on 8.8.2011 against 10 persons and the petitioners are the students of Jothi Polytechnic College, Eliyarpathi,where the defacto complainant's brother was studying and A1 was arrested and enlarged on bail and other accused are absconding and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the rival submissions made by both sides, the petitioners and the defacto complainant's brother were studying in Jothi Polytechnic College, Eliyarpathi, and there was group clash among the students and because of vengeance, the occurrence has been taken place and injured has been discharged from the hospital and the case has been registered on the same day and already A1 was arrested and enlarged on bail and since the petitioners are the College students, I am inclined to grant anticipatory bail to the petitioners 2 & 3. 6.The second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Juvenile Justice Board (Judicial Magistrate No.III), Madurai and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) by the guardian of the petitioner since the second petitioner is a minor. 7. The third petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thirumangalam, and 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 5.30 p.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 8.The second and third 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/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUVENILE JUSTICE BOARD/ THE JUDICIAL MAGISTRATE NO.III, MADURAI 2 THE JUDICIAL MAGISTRATE THIRUMANGALAM, MADURAI DISTRICT 3 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI 4 THE INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, MADURAI DISTRICT 5 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 1. CC to M/S. K.SAMIDURAI Advocate SR.No.31586: DM::2011:SEPTEMBER:19:: ORDER IN CRL OP(MD) No.10799 of 2011 Date :15/09/2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/