1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.12842 of 2011 SUKUMAR ... PETITIONER/ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL,CR.NO.508 OF 2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.MAILVAGANA RAJENDRAN Advocate For Respondent : MR.K.S.DURAI PANDY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest, the petitioner, who is the third accused, in Crime No.508 of 2011 on the file of the respondent Police for the alleged offences punishable under Sections 341, 294(b), 323 and 302 of the Indian Penal Code, has come forward with this Petition seeking for anticipatory bail. 2. According to the case of the prosecution, the deceased was riding the motorcycle during night hours passing through the house of the first accused. It caused nuisance to the first accused because the motor cycle raised noise. The first accused opposed to the same. There was a wordy quarrel between the deceased and the first accused. The petitioner, who is the brother of the first accused, also joined in the quarrel. In the said quarrel, it is alleged that the first accused kicked the deceased and the petitioner beat him with hands. The deceased fell down and later on died. The other accused were released on bail. The investigation has been completed and charge sheet has been filed in P.R.C.No. 13 of 2011 on the file of the learned Judicial Magistrate No.III, Dindigul. 3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. It is also submitted that no prejudice would be caused to the prosecution in https://hcservices.ecourts.gov.in/hcservices/ 2 the event of the petitioner's release on anticipatory bail. 4. Having regard to the nature of allegations made against the petitioner and the fact that no accused used any weapon, besides the fact that the deceased fell down and sustained injuries and later on died and also the fact that the charge sheet has been laid down, 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 No.III, Dindigul, 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 who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police every day at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 10/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. C.MAYIL VAHANA RAJENDRAN Advocate SR.No.34994 ORDER IN CRL OP(MD) No.12842 of 2011 Date :10/10/2011 PA/11.10.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/