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.12403 of 2011 CHANDRA SEKAR ... PETITIONER / ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE SEMPATTI POLICE STATION, IN CRIME NO.213 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. C.PRABAHARAN 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(B), 307 and 506(2) I.P.C. in Cr.No.213 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner is an innocent and on the basis of complaint given by the brother-in-law the case was registered under Sections 294(B), 307 and 506(2) I.P.C. and the injured has already been discharged from the hospital and the investigation is considerably over and hence he prays for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner herein is the brother-in-law of the de-facto complainant, the petitioner herein suspecting the fidelity of his wife and there was a quarrel between the spouses and at that time, the de-facto complainant intervened and hence the occurrence took place. He further submits that the injured has already been discharged from the hospital and the investigation is going on and https://hcservices.ecourts.gov.in/hcservices/ hence he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides, it is seen that the alleged occurrence took place on 15.06.2011 since the petitioner is questioning the suspicious of fidelity of his wife and there was a quarrel arose between the spouses, then the de-facto complainant who is none other than the brother-in-law of the petitioner intervened and hence the occurrence took place and the injured has already been discharged form the hospital and even though the petitioner was not arrested he neither interfered with the investigation nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 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 No.II, Dindigul 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. 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, the petition for anticipatory bail stands dismissed. sd/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE, SEMPATTI POLICE STATION, SEMPATTI 1. CC to M/S. C.PRABAHARAN Advocate SR.No.32014: DM::2011:SEPTEMBER:20:: ORDER IN CRL OP(MD) No.12403 of 2011 Date :19/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/