1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Ten PRESENT The Hon`ble Mr.Justice G.RAJASURIA CRL OP(MD) No.12301 of 2010 P. KARIKALAN ... PETITIONER/ACCUSED 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT (CRIME NO.149/2010) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.A.S ANANDARAJ Advocate For Respondent : MR.R.M.ANBUNITHI, Govt. Advocate ( Crl. Side) For Intervenor : M/S B.PUGALENDHI, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A4 pray for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 324, 341 and 307 I.P.C. in crime No.149 of 2010, on the file of the respondent-police. 2. The nut shell facts of the case would run thus: The police registered the case in crime No.149 of 2010 for the offence under Sections 324, 341, 307 I.P.C. as against 4 accused persons on the ground that they attacked and caused grievous injuries and also attempted to murder the defacto complainant. 3.The learned counsel appearing for the petitioner would submit that Section 307 I.P.C. has been frivolously invoked so as to prevent the petitioner from getting anticipatory bail. 4.The learned counsel for the intervenor/defacto complainant would submit by producing typed set of papers and X-rays to the effect that the petitioner herein attacked him and caused fractures in both the hands. 5.The learned Government Advocate (criminal side) would submit that the defacto complainant sustained fractures in his hands. 6.Whereas the learned counsel appearing for the petitioner would submit https://hcservices.ecourts.gov.in/hcservices/ 2 that absolutely, no reliance can be placed on such x-rays as well as the certificates produced by the learned counsel appearing for the intervenor and those are not genuine documents. 7.The learned counsel appearing for the intervenor has also produced the typed set of papers along with the copy of Accident Register from the Tanjore Medical College Hospital, where from, the petitioner got discharged against the medical advice and got himself admitted in Meenakshi Mission Hospital. 8.Be that as it may, now then, it is exfacie and primafacie projected before me as though the defacto complainant sustained fractures in both the hands, but according to the learned counsel appearing for the petitioner/the injured sustained only contusions. 9.Taking into account the overall circumstances, I am of the view that the anticipatory bail need not be given, but the following direction would meet the ends of justice: The petitioner shall surrender before the Sessions Court concerned and move for regular bail, which shall be considered on the very same day. 10.Accordingly, this criminal original petition is disposed of. sd/- 01/11/2010 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THANJAVUR 2 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION THANJAVUR DISTRICT 3 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.A.S ANANDARAJ Advocate SR.No.44004 +1. CC to M/S B.PUGALENDHI Advocate SR.No.43978 ORDER IN CRL OP(MD) No.12301 of 2010 Date :01/11/2010 TR : 02.11.2010 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/