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.13194 of 2011 D. RAJAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE ADIVARAM POLICE STATION, PALANI, DINDIGUL DISTRICT, CRIME NO.335/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D.VENKATESH Advocate For Respondent :Mr.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/sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) IPC, in Crime No.335 of 2011 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 a tenant under the de-facto complainant and since the petitioner has not vacated the premises, he filed a suit and obtained a decree of injunction and a frivolous case has been registered and the investigation is considerably over and hence , he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit that the investigation is going on and hence he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides, it is seen that the alleged occurrence took place on 26.05.2011 and the complaint was given only on 22.09.2011 and there is a delay in preferring the complaint and considering the relationship between the petitioner and the de-facto complainant as the tenant and the landlord relationship and even though the case https://hcservices.ecourts.gov.in/hcservices/ has been registered on 22.09.2011 and the petitioner is not arrested, 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 Judicial Magistrate, Palani, 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 Judicial 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, 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 JUDICIAL MAGISTRATE PALANI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ADIVARAM POLICE STATION, PALANI, DINDIGUL DISTRICT +1. CC to M/S. D.VENKATESH Advocate SR.No.34418 rl/6c – 11.10.2011 ORDER IN CRL OP(MD) No.13194 of 2011 Date :30/09/2011 https://hcservices.ecourts.gov.in/hcservices/