BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12162 of 2011 1. G.RAMANATHAN 2. R.KARUPAYEE 3. R.BALAJI 4. R.DHAVAPANDI ... PETITIONERS/ACCUSED DR.O.CHANDRAN ...INTERVENOR Vs INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, IN CR.NO. 559/2011, MADURAI DIST ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.ANANTHA PADMANABAN Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) For Intervenor : E.V.N.SIVA, ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294 (b) and 506(2) IPC in Crime No.559 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners would submit that there is a dispute between the petitioners and the de-facto complainant and Section 145 cr.P.C proceedings initiated. Previously one occurrence took place on 16.04.2011 and a case has been registered on 25.08.2011 in crime No.500 of 2011 in which the petitioners were enlarged on anticipatory bail and now a false case has been foisted against them under sections 294(b) and 506(2) IPC as if the occurrence took place on 08.09.2011 and hence they pray for their enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor (crl.Side) would submit that the investigation in the case registered under sections 294(b) and 506(2) IPC is going on and hence he prays for dismissal of this application. 4. The learned counsel for the intervenor would submit that on the basis of the complaint given by the intervenor the case in Crime No.500 of 2011 was registered and in that the petitioners were enlarged on anticipatory bail and while they were abiding the conditions, they abused the intervenor in filthy language and also made criminal intimidation and therefore the case has been registered on 08.09.2011 on the date of occurrence and the investigation is going on and hence he prays for dismissal of the petition. 5. I have considered the rival submissions made on either side. Admittedly, the petitioners were already enlarged on anticipatory bail in https://hcservices.ecourts.gov.in/hcservices/ crime No.500 of 2011 registered for the alleged occurrence on 16.05.2011 and while they were abiding the conditions the present case in Crime No.559 of 2011 came to be registered on 08.09.2011 on the allegation that they abused the de-facto complainant in filthy language and also made criminal intimidation. 6. Considering the gravity of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 7. Accordingly, the petitioner are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Usilampatti Madurai District, and each of them executing a separate 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 court concerned daily at 10.30 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 8. 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/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3. INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DIST 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.ANANTHA PADMANABAN Advocate SR.No.32119 GH : 20.09.2011 : 2P/6C ORDER IN CRL OP(MD) No.12162 of 2011 Date :19/09/2011 https://hcservices.ecourts.gov.in/hcservices/