BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10041 of 2011 1. NAGARAJ 2. PAPPATHY 3. KOWSALYA 4. SURYA ... PETITIONERS/ACCUSED Vs THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT, CRIME NO.371/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.THIRUPPATHI Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323, 324, 427, 506(i) and 379(NP) of IPC in Crime No.371 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners would submit that the defacto complainant has given a complaint against his son and daughter- in-law and two grand daughters, who are minors. He further submitted that because of the family dispute a false case has been foisted against the petitioners under Sections 323, 324, 427, 506(i) and 379(NP) of IPC and investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor (crl.Side) would submit that the father has given a complaint against his son and daughter-in-law and grand children, who are minors and investigation is going on and the injured were treated as out patient and counter case is pending and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the alleged occurrence took place on 13.7.2011 and a complaint has been given by the father and counter case has been registered on the basis of the complaint given by the first petitioner and the third and fourth petitioners are minors and the injured were treated as out patient and investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5. Accordingly the first and second petitioners are ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Melur 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 first and second petitioners shall report before the Court concerned daily at 10.30 am., https://hcservices.ecourts.gov.in/hcservices/ until further orders. The petitioners shall comply with the condition stipulated under Sections 438 Cr.P.C Scrupulously. 6. The third and fourth petitioners are concerned, the third and fourth petitioners are ordered to be released on bail in the event of arrest or on their appearance before the Juvenile Justice Board and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) by the guardian of the petitioners since the third and fourth petitioners are minors. 7. The petitioners shall appear before the concerned Court 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/- 05/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE PRESEDING OFFICER, THE JUVENILE JUSTICE BOARD, MADURAI 2. THE JUDICIAL MAGISTRATE, MELUR 3. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 4. THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, DINDIGUL DISTRICT, 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. C.THIRUPPATHI Advocate SR.No.26299 GH : 08.08.2011 : 2p/7c ORDER IN CRL OP(MD) No.10041 of 2011 Date :05/08/2011 https://hcservices.ecourts.gov.in/hcservices/