BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10506 of 2011 1. SANKARALINGAM 2. KUTTI ... PETITIONERS/ACCUSED 2 & 4 Vs THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI IN CR.NO.570 OF 2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.SARAVANAKUMAR Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.2 and 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294B, 323, 307 and 506(ii) IPC in Crime No.570 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 and A4 and a false case has been foisted against the petitioners under Sections 294B, 323, 307 and 506(ii) IPC. The case of the prosecution is that on 05.08.2011, the first accused while riding the motorcycle stopped in front of the de-facto complainant's house and enquired the way to Melapalayam to proceed. At the time, the de-facto complainant used unparliamentary words. Hence, the dispute arose between the petitioners and the de-facto complainant. Then the alleged occurrence took place on 05.08.2011. The petitioners are innocent and the first petitioner is the brother of A3 and both of them are residing near the de-facto complainant's house and already injured has 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 case has been registered against four persons and the petitioners herein arrayed as A2 and A4. A1 was arrested and A3 is absconding. He further submits that the injured has been discharged from https://hcservices.ecourts.gov.in/hcservices/ the hospital and the investigation is going on and hence he prays for dismissal of this application. 4. Considering the rival submissions made on both sides, the alleged occurrence took place on 05.08.2011 and the occurrence taken place as a sudden and provocation, but, the petitioners are A2 and A4; A1 was arrested; A3 is yet to be arrested and the injured discharged from the hospital and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.V, Tirunelveli and each of them 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 Judicial Magistrate No.V, Tirunelveli, and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6. The petitioners 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/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI. 2.-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. M.SARAVANAKUMAR Advocate SR.No.31624 SR : 19.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.10506 of 2011 Date :15/09/2011 https://hcservices.ecourts.gov.in/hcservices/