BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13281 of 2011 ANITHA RADHAKRISHNAN : PETITIONER/ACCUSED (RANK NOT KNOWN) Vs. THE STATE REP.BY THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION, TUTICORIN DISTRICT. CR.NO.884 OF 2009 : RESPONDENT/COMPLAINANT For Petitioner: M/S. N.R.ELANGO Senior Counsel for Mr.S.RAVI 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 petitioner/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) I.P.C and Section 3 of TNPPDL Act in Crime No.884 of 2009 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel for the petitioner would submit that the petitioner was charged under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) I.P.C and Section 3 of TNPPDL Act, in Crime No.884 of 2009, stating that the alleged occurrence took place on 15.12.2009, during the Tiruchendur Assembly bye-election, and assaulted the de- facto complainant party workers and the occurrence was said to have taken place at the instigation of the petitioner and at that time this petitioner also contesting the bye-election in opposite party but the petitioner was not present at the time of occurrence. Even though the case has been registered on 15.12.2009 he was never interfered with the investigation nor absconding from the jurisdiction. He further submits that the petitioner was falsely implicated and only because of political vendetta the case has been registered and the injured has been discharged from the hospital and hence he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that on 15.12.2009 at the instigation of the petitioner the alleged occurrence took place and caused damage to the tune of Rs.1,00,000/- to the two cars and the investigation is going on. He fairly conceded that the petitioner's name has not mentioned in FIR and injured has already been discharged from the hospital and the https://hcservices.ecourts.gov.in/hcservices/ investigation is going on and hence he prays for dismissal of this application. 4. Considering the rival submissions made on both side, it is seen that the alleged occurrence is said to have been taken place on 15.12.2011 and the petitioner's name has not find place in FIR, even though the case has been registered he neither interfered with the investigation nor absconded from the jurisdiction,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 District Munsif -cum- Judicial Magistrate, Tiruchendur, 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 District Munsif -cum- Judicial Magistrate, Tiruchendur, and on further condition that the petitioner shall stay at Madurai and report before the learned Judicial Magistrate. No.1, Madurai 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, anticipatory bail petition stands dismissed. Sd/- 30/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, TIRUCHENDUR. 3. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3. THE JUDICIAL MAGISTRATE NO.1, MADURAI. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE INSEPCTOR OF POLICE, TIRUCHENDUR POLICE STATION, TUTICORIN DISTRICT. +1 CC to M/S. S.RAVI Advocate SR.No.34573 ORDER IN CRL OP(MD) No.13281 of 2011 Date :30/09/2011 NSV/3.10.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/