BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15580 of 2011 1. PANDIKUMAR 2. MALAICHAMY 3. NAGENDREN 4. RAVI 5. MOOKAN 6. KAVERI 7. KARTHICK 8. MURUGAN 9. IRULAPPAN 10.GANESAN 11.ARUMUGAM 12.RAMASAMY 13.MARIAPPAN 14.THIRUMURUGAN 15.DHANASEKARAN 16.MALAICHAMY : PETITIONERS/ACCUSED NOS.1 to 7 & 10, 12 to 15 Vs. THE STATE REP.BY THE INSPECTOR OF OPLICE, AVAINAPURAM POLICE STATION, MADURAI DISTRICT. (CR.NO.459 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. CHELLAIAH Advocate For Respondent : Mr. K.S.DURAIPANDIAN 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 to 7, 10, 12 to 15 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,188,341,332,353,336, and 307 IPC and r/w Section 4 of TNPWH Act, and Sections 3 and 3(1) of TNPPDL Act, in Crime No.459 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. It is brought to the knowledge of this Court that earlier, the petitioners in this petition/Accused Nos.1 to 7, 10, 12 to 15 were already granted anticipatory bail by this Court in Crl.O.P.Nos.12682 , 12699, 12696 and 12691 of 2011 with a condition to deposit a sum of Rs.10,000/- each to the credit of Cr.No.459 of 2011 on the file of the learned Judicial Magistrate No.VI, Madurai. Since the petitioners are unable to abide by the condition imposed by this Court, they are before this Court seeking anticipatory bail once again. 3. The learned Counsel for the petitioners would submit that the petitioners are poor coolie workers, they are unable to comply with the https://hcservices.ecourts.gov.in/hcservices/ conditions already imposed by this Court and hence, anticipatory bail may be granted for the petitioners once again. 4. The learned Additional Public Prosecutor would submit that based on the complaint given by one woman constable alleging that the petitioners and others have way laid the buses and tried to attack the passengers and also they have teased a woman constable and they have tried to attack the Inspector of Police and tried to set fire on the bus and also caused damage to the wind screen of the buses worth about Rs.2,00,000/- and the investigation is going on, and eventhough the injured has already been discharged from the hospital, he prays for dismissal of this application. 5. Considering the rival submissions made on both sides, the alleged occurrence took place on 11.09.2011, and the injured has already been discharged from the hospital. Even though the case has been registered on 11.09.2011 and they were not arrested sofar, they neither interfered with the investigation nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners on condition that each petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of Crime No.459 of 2011 on the file of the learned Judicial Magistrate No.VI, Madurai, and on receipt of the same, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.VI, Madurai and each of them shall execute 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 concerned 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/- 29/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.6, MADURAI. 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 OPLICE, AVAINAPURAM POLICE STATION, MADURAI DISTRICT. +2 CCs to M/S. CHELLAIAH Advocate SR.No.41833 ORDER IN CRL OP(MD) No.15580 of 2011 NSV/2.12.11/2P/7C Date :29/11/2011 https://hcservices.ecourts.gov.in/hcservices/