BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10161 of 2011 1. SHANMUGAM, 2. AYYACHAMY 3. LAKSHMI NARAYANAN 4. GUNASEKARAN ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs THE STATE REP BY THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT (IN CRIME NO NOT KNOWN OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J.KARTHIKEYAN 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 353 and 506(ii) I.P.C. in Crime No.428 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned Counsel for the petitioners would submit that the petitioners were charged under Sections 147, 294(b), 353 and 506(ii) I.P.C. in Crime No.428 of 2011. He further submitted that the injured has already been discharged from the hospital and hence he prays for enlargement on anticipatory bail. 3. The learned Counsel for the intervenor would submit that the petitioner was appointed as an Advocate Commissioner and when he went to the spot along with the Surveyor, at that time the petitioner herein initially waylaid the petitioner/Intervenor from entering into the land and the petitioners are said to have picked up quarrel with him and unnecessarily abused him with filthy language and hence, he prays for dismissal of the petition. 4. The learned Additional Public Prosecutor submitted that the investigation is going on and he fairly conceded that the injured person has already been discharged from the hospital. However, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case and considering the fact that the alleged occurrence took place on 02.08.2011 and the case was registered on 03.08.2011 and even though the petitioners were not arrested neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 6. 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, Karaikudi, 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, Karaikudi, and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. 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/- 25/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, KARAIKUDI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S. J.KARTHIKEYAN ADVOCATE SR.NO.29175 +1CC TO M/S.S.RAVI, ADVOCATE SR.29231 SR : 29.08.2011 : 2p/7c ORDER IN CRL OP(MD) No.10161 of 2011 Date :25/08/2011 https://hcservices.ecourts.gov.in/hcservices/