BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10009 of 2011 1. BOOMINATHAN 2. CHINNAMANI : PETITIONERS/ACCUSED NOS.1 & 2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE MELAVALAVU POLICE STATION, MADURAI DISTRICT. (IN CRIME NO.83 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.M.A.JINNAH Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 341, 294(b), 324 and 307 of I.P.C. in Crime No.83 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 447, 341, 294(b), 324 and 307 of I.P.C. He further submitted that the petitioners are arrayed as A1 and A2 and the alleged occurrence has been taken place on 7.7.2011 at 10.45 am. and the first petitioner is working as a welder and the defacto complainant assaulted the first petitioner and the second petitioner went to the spot and the petitioners sustained injuries. He further submitted that first petitioner gave a complaint and the respondent registered it as a counter case and investigation is considerably over and he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor (Crl.Side) would submit that the defacto complainant gave a complaint stating that he is working in his owner's farm and one Velmurugan is working as driver in the same farm and when the first petitioner trespassed into the farm the defcto complainant thwarted him and the first petitioner abused verbally and ran away from the place and later, the first petitioner came along with the second petitioner and assaulted the defacto complainant with crow bar and the second petitioner assaulted the said Velmurugan with sickle and sped away from the spot and https://hcservices.ecourts.gov.in/hcservices/ injured has already been discharged from the hospital and investigation is going on and on the basis of the complaint given by the first petitioner, a counter case has been registered in Crime No. 84 of 2011 hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, it could be seen that on the basis of the complaint given by the first petitioner, a counter case has been registered against two persons and A1 and A2 in the counter case were released, 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 arrest or on their appearance before the concerned Magistrate and each of them executing a separate 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, Melur 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, the petition for anticipatory bail stands dismissed. Sd/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MELUR. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE MELAVALAVU POLICE STATION, MADURAI DISTRICT. +1 CC to M/S. S.M.A.JINNAH Advocate SR.No.27215 ORDER IN CRL OP(MD) No.10009 of 2011 Date :11/08/2011 NSV/16.8.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/