1 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.12236 of 2011 SANKARA NARAYANAN :PETITIONER / SOLE ACCUSED -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, CHOCKAMPATTI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.202/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. H.ARUMUGAM 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/sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323, and 506(II) IPC in Crime No.202 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that because of the property dispute, the alleged occurrence took place on 05.08.2011 at 11.00 p.m; in that transaction, the petitioner has sustained injury and he was admitted in hospital on 06.08.2011 and he was discharged only on 17.08.2011; on the basis of complaint given by him, the case has been registered in Crime No.203 of 2011 under sections 294(b), 341 and 323 IPC on the same day and on the basis of the complaint given by the defacto complainant, the case has been registered on 06.08.2011 at 10.30 p.m. under sections 294(b), 323 and 506(ii) IPC and the injured has been treated as out-patient and the investigation is going on and hence, he prays for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the alleged occurrence said to have been taken place on 05.08.2011 and complaint was given on 07.08.2011 and the counter case has been registered in Crime No.203 of 2011 under sections 294(b), 341 and 323 and the injured has been treated as out-patient and the 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 on both side, it is seen that the alleged occurrence took place on 05.08.2011 and because of the land dispute the occurrence took place and both the petitioner and the de-facto complainant gave the complaints which were registered and the injured has been treated as out- patient and the investigation is considerably over and even though the petitioner was not arrested, he neither interfered with the investigation nor absconded from the jurisdiction and hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate,Tenkasi and on his 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 Judicial Magistrate, Tenkasi, 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. 6.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, anticipatory bail petition stands dismissed. sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate, Tenkasi, Tirunelveli District. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Chockampatti Police Station, Tirunelveli District. +1. CC to M/S. H.ARUMUGAM Advocate SR.No.31652. RP/19.09.2011/2P/6C. ORDER IN CRL OP(MD) No.12236 of 2011 Date :15/09/2011. https://hcservices.ecourts.gov.in/hcservices/