1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15559 of 2011 1.VETRIVEL 2.MURUGESAN 3.VELLAI RAMU 4.GURUNATHAN 5.PALPANDI ... PETITIONERS/ACCUSED NO.1,2,6 TO 8 Vs STATE REP.BY THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT. (CR.NO.140 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.RAVSHANKAR VALLATHARASU Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused Nos.1,2, 6 to 8 in Cr.No.140 of 2011 on the file of the respondent police for the offence punishable under Sections 147, 148, 323, 324, 379(NP), 427, 307 r/w 109 of I.P.C. Apprehending arrest, at the hands of the respondent police, the petitioners are before this Court seeking anticipatory bail. 2.According to the submission of the learned counsel for the petitioners, the petitioners are ranked as A-1, A-2, A-6 to A-8 and both injured have been discharged from the hospital and there is no previous case for the petitioners. 3.The learned Government Advocate (Crl.Side) would submit in his argument that A-1 and A-2 were having knife and iron rod in their hands and they have attacked the first injured on the back side of the neck. The overt acts of A-6 to A-8 was to the effect that they have got wooden log and attacked against an auto rickshaw driver and caused simple injuries. He would further submit that in this case, investigation is pending. If for any reason, the petitioners are granted anticipatory bail, suitable conditions may be granted. 4.Considering the submissions made by both sides, I could see that the petitioners 1 & 2 who are ranked as A-1 and A-2 have got knife and iron road and they have got overt acts in respect of the first injured and also said to have been snatched a chain weighing three sovereigns. In view of the above, this Court is not inclined to grant anticipatory bail to the petitioners 1 & 2/A-1 and A-2. At this stage, the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioners would request this Court to withdraw the petition filed filed by the petitioners 1 & 2. Asfar as the petitioners 3 to 5 are concerned, they have said to have been caused simple injuries on an auto rickshaw driver and the said auto driver has been discharged from the hospital. Hence, I am inclined to grant anticipatory bail to the petitioners 3 to 5/A-6 to A-8. The petition in respect of the petitioners 1 & 2 is permitted to be withdrawn. Accordingly, this petition is dismissed in respect of the petitioners 1 & 2/A-1 and A-2. 5.Having regard to the fact that the injured have been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners 3 to 5/A-6 to A-8, but with stringent conditions: 6.Accordingly, the petitioners 3 to 5/A-6 to A-8 are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, VI, Madurai, on each 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 3 to 5/A-6 to A-8 shall report before the respondent police as and when required. The petitioners 3 to 5/A-6 to A-8 shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 7.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, the petition for anticipatory bail stands dismissed. sd/- 29/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. N.RAVSHANKAR VALLATHARASU Advocate SR.No.41788 ORDER IN CRL OP(MD) No.15559 of 2011 Date :29/11/2011 TR : 01.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/