BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14578 of 2011 1 S.K.V. RAJASEKARAN @ RAJA 2 S.K.V ARIVALAGAN 3 C. SEPPURUTTI @ PERIYASAMY 4 S.K.GOPAL 5 S.P. MALARMANNAN 6 M. NATARAJAN 7 S.N. SARAVANAN 8 S. ANNADURAI 9 V. SUBRAMANIAN 10 N. KANNADASAN ... PETITIONERS/ACCUSED NOS.1 TO 8, 12 & 13 Vs STATE REP.BY, THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, IN CRIME NO.193/2011, TRICHY DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. PREM RAJ AMBROSE Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Since the 10th petitioner in this petition was already released on bail by this Court in Crl.O.P.No.14905 of 2011, this petition in respect of the 10th petitioner alone is dismissed as withdrawn by the learned counsel for the petitioner. 2.Apprehending arrest at the hands of the respondent police, the petitioners/A.1 to 8 and 12 in Cr.No.193/2011 on the file of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 448, 427 and 307 of I.P.C r/w 3 of PPD Act have come forward with this petition seeking anticipatory bail. 3.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State. 4.According to the case of the prosecution, on 01.11.2011, 13 named accused and 15 unnamed accused entered into the premises of the de facto complainant and A-1 attacked the son of the de facto complainant with wooden rod and A-2 attempted to attack the de facto complainant by aruval and damaged the vehicle namely Splendor and TVS XL standing in front of the de facto complainant's house. It is the https://hcservices.ecourts.gov.in/hcservices/ further case of the prosecution that the petitioners have attacked the de facto complainant's house and thereby caused damage to the tune of Rs.1 lakh. 5.The learned Additional Public Prosecutor would submit in his argument that due to election motive, the petitioners have committed the above said offence. There is no injury caused by the petitioners and the injured has been discharged from the hospital. 6.Considering the facts and circumstances of the case that there is no injury caused by the petitioners and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 1 to 9. 7.Accordingly, the petitioners 1 to 9 are directed to be released on anticipatory bail, with the following conditions: i)Each of the petitioners 1 to 9 should deposit a sum of Rs.10,000/- (Rupees ten thousand only) before the lower court concerned to the credit of Cr.No.193/2011; ii)On such deposit, the petitioners 1 to 9 shall be released on bail, in the event of their arrest or on their appearance before the concerned Judicial Magistrate and on each executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) together with two sureties to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy District; and on further condition that iii)the petitioners 1 to 9 shall appear before the respondent police as and when required. iv)The petitioners 1 to 9 shall appear before the concerned Magistrate within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. Sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT 2 THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, TRICHY DISTRICT. 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. PREM RAJ AMBROSE Advocate SR.No.40097 ssk/17.11.2011 /5c -2p/- ORDER IN CRL OP(MD) No.14578 of 2011 Date :17/11/2011 https://hcservices.ecourts.gov.in/hcservices/