BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14213 of 2011 1 M.ANDAVAR 2 A.ALAGAR ...PETITIONERS/ACCUSED 1&2 Vs STATE REP BY ITS THE INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT. IN CRIME NO.139 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.VIJAKUMAR Advocate For Respondent : Mr.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused Nos.1 and 2 in Cr.No.139 of 2011 on the file of the respondent police for offence under Sections 294(b) and 506(i) of I.P.C. Apprehending arrest, at the hands of the respondent police, the petitioners are before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the petitioners belong to a political party, whereas the de facto complainant belongs to a different political party. Due to the political motive, it is stated that on the day of occurrence, these two petitioners came in a two wheeler and on seeing the de facto complainant abused him in filty language. Based on the same, the present case has been registered. 3.The learned counsel for the petitioners would refute the above allegations. According to him, on the complaint of the accused, a case has also been registered against the de facto complainant in Cr.No.140 of 2011. It is only, as a counter blast, the present case has been registered. 4.I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 5.Admittedly, as of now, there is a counter case pending against the de facto complainant. No injury has been caused on either side. Mere words were only thrown. Apart from that, there is also a political motive. The learned counsel for the petitioners contended that it is a case and counter blast. I find some justification in the above statement. 6.Having regard to the above facts and circumstances, I am inclined to grant anitipatory bail to the petitioners, but with stringent conditions: 7.Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Bodi, on ecah 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 who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police every day at 10.30 a.m. for a period of four weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE, BODI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THEA DDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT. +1. CC to M/S. R.VIJAKUMAR Advocate SR.No.37620 rl/6c – 3.11.2011 ORDER IN CRL OP(MD) No.14213 of 2011 Date :01/11/2011 https://hcservices.ecourts.gov.in/hcservices/