BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.6266 of 2011 SUBRAMANI ..PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE THANJAVAUR MEDICAL COLLEGE POLICE STATION, THANJAVUR DISTRICT. CR.NO.169 OF 2011. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. M.SARAVANAN Advocate For Respondent : MS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 307 I.P.C. in Crime No.169 of 2011 on the file of the respondent police, the petitioner has approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard Mr.M.Saravanan, learned counsel appearing for the petitioner and Ms.S.Prabha, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner is ranked as A2 and he has no overt act in the alleged incident and even according to the prosecution that the incident had happened only on altercations and A1 has assaulted with aruval against the victim and the victim is also said to have been discharged from the hospital and A1 has already been granted anticipatory bail by the learned Principal Sessions Judge, Tanjore. He would also submit that the petitioner will not abscond from the clutches of law and he is ready to abide by any condition and therefore, anticipatory bail may be granted. 4. The learned Government Advocate (Crl.side) would submit in her argument that the injured has been discharged from the hospital and A1 was granted anticipatory bail by the learned Principal https://hcservices.ecourts.gov.in/hcservices/ Sessions Judge, Tanjore and suitable conditions may be imposed for the secured presence of the petitioner in the event of grant of anticipatory bail. 5. Considering the submissions made by both sides, this Court could see that the injured has been discharged from the hospital and the first accused was already granted anticipatory bail by the learned Sessions Judge, Tanjore and the petitioner is ranked as A2 and he has no overt act and he is also a student of I.T.I. at an institution of Tuticorin, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, Tanjore and on his 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 and on further condition that the petitioner shall appear before the learned Judicial Magistrate No.I, Tuticorin daily at 6.00 p.m. for a period of two weeks thereafter and the petitioner shall also appear before the respondent police as and when required. 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, the petition for anticipatory bail stands dismissed. Sd/- 01/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, TANJORE. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN. 4 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6 THE INSPECTOR OF POLICE,THANJAVAUR MEDICAL COLLEGE POLICE, THANJAVUR DISTRICT. +1. CC to M/S. M.SARAVANAN Advocate SR.No.6266 akm/02.06.11 /2p-8c/ ORDER IN CRL OP(MD) No.6266 of 2011 Date :01/06/2011 https://hcservices.ecourts.gov.in/hcservices/