BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10755 of 2011 VIJAYAN ... PETITIONER / ACCUSED NO.4 Vs 1. THE STATE REP. BY THE INSPECTOR OF POLICE KULACHAL POLICE STATION, KANYAKUMARI DT CR NO. 119/2007 2 THE INSPECTOR OF POLCIE CBCID, KANYAKUMARI DT ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S. M.AJMAL KHAN Advocate For Respondents :M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 324, 323 and 307 of I.P.C. in Crime No.119 of 20007 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A4 and the alleged occurrence has been taken place on 05.06.2007. He further submitted that after the investigation, referred charge sheet has been filed as a mistake of fact and protest application was filed and further investigation was ordered. At the time, the petitioner has granted anticipatory bail by this Court in Crl.O.P.(MD)No.7278 of 2007, dated 27.07.2007. After that, the case has been transferred from the first respondent to the second respondent and now he apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor fairly conceded that the petitioner has already been granted anticipatory bail and the injured person has already been discharged from the hospital. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 05.06.2011 and the referred charge sheet has been filed as a mistake of fact and subsequently, protest application was filed by https://hcservices.ecourts.gov.in/hcservices/ the defacto complainant and further investigation was ordered and at that time, the petitioner has granted anticipatory bail and thereafter, the investigation has been transferred to the second respondent and the injured person has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5. 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, Padmanabapuram and 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 learned Magistrate concerned and on further condition that the petitioner 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. 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/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE PADMANABHAPURAM 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KULACHAL POLICE STATION, KANYAKUMARI DT 5 THE INSPECTOR OF POLCIE CBCID, KANYAKUMARI DT +1. CC to M/S. M.AJMAL KHAN Advocate SR.No.31018 ORDER IN CRL OP(MD) No.10755 of 2011 Date :08/09/2011 SMA/13.9.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/