BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12586 of 2011 R.PALANICHAMY GOUNDER ... PETITIONER/ACCUSED NO.4 Vs STATE REP. BY THE INSPECTOR OF POLICE KOOMBUR POLICE STATION, VEDASANDUR TALUK, DINDIGUL DISTRICT. CRIME NO.107/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.V.MUTHUMANI SIVAKUMAR 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/accused No.4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323 and 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Prohibition Act in Crime No.107 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner is arrayed as A4 and a false case has been foisted against him and the petitioner is the grand-father of the defacto complainant's husband and because of the matrimonial dispute, the defacto complainant has implicated all the family members and the petitioner is aged about 75 years and he is bed ridden and now he apprehend for arrest and he come forward with this application and prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the alleged occurrence has been taken place on 8.9.2011 and A4 has attacked the defacto complainant with wooden stick and kicked and caused injury. He fairly conceded that the injured has been discharged from the hospital and investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 8.9.2011 and the case has been registered against four persons and A1 is the husband and A2 and A3 are in-laws of the defacto complainant and the petitioner is grand-father of A1 and the petitioner/A4 is aged about 75 years and the injured has already been discharged from the hospital and the marriage between the defacto complainant and the first accused has been performed ten years https://hcservices.ecourts.gov.in/hcservices/ back and because of the matrimonial dispute, the case has been registered and all the family members were implicated by the defacto complainant, I am inclined to grant anticipatory bail to the petitioner. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vedasandur, and 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. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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, anticipatory bail petition stands dismissed. sd/- 21/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, KOOMBUR POLICE STATION, VEDASANDUR TALUK, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12586 of 2011 Date :21/09/2011 2P/5C RPB : 27.09.2011 https://hcservices.ecourts.gov.in/hcservices/