BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15216 of 2011 THARIK @ MOHAMED THARIK ... PETITIONER/ACCUSED RANK NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE TENKASI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.1042 OF 2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.P.CHINNAKARUPPAN ADVOCATE FOR RESPONDENT : MR.K.S.DURAPANDIAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner is accused No.1 in Cr.No.1042 of 2011 on the file of the respondent police for the offence punishable under Sections 147, 148, 294(b), 324, 323, 307 and 506(ii) of I.P.C. Apprehending arrest, at the hands of the respondent police, the petitioner is before this Court seeking anticipatory bail. 2.According to the case of the prosecution, along with the second accused and others, the petitioner attacked the de facto complainant and also criminally intimidated him. In the said attack, the de facto complainant sustained only simple injury. 3.The learned counsel for the petitioner would deny the above allegations. According to him, the petitioner has been falsely implicated in this case. The learned counsel for the petitioner would further submit that the petitioner is entitled for anticipatory bail. 4.The learned Additional Public Prosecutor would submit in his argument that it is a case and counter case and the injured has been discharged on 21.11.2011. If for any reason, this Court is inclined to grant anticipatory bail to the petitioner, stringent conditions may be imposed. 5.Considering the submissions made by both sides, this Court could see that it is a case and counter case and the injured has also been discharged from the hospital. Hence, I am inclined to grant anticipatory bail to the petitioner, with the following stringent conditions: 6.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Tenkasi, on 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 https://hcservices.ecourts.gov.in/hcservices/ who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall stay at Madurai and report before the Tallakulam Police Station daily twice i.e at 10.30 a.m and 5.00 p.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 23/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, TENKASI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE OFFICER INCHARGE, TALLAKULAM POLICE STATION, MADURAI. 4 THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TIRUNELVELI DISTRICT. 5 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.P.CHINNAKARUPPAN ADVOCATE SR.NO.41046. ORDER IN CRL OP(MD) No.15216 of 2011 Date :23/11/2011 2P/7C RPB : 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/