BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10699 of 2011 KALYANI @ KALYANIMUTHU : PETITIONER/ACCUSED NO.1 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUENVELI DISTRICT. CR.NO.175 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.PALANIVELAYUTHAM 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 No.1 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition Harassment of Women Act in Crime No.175 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A1 and the case has been registered against two persons and the petitioner's brother Manikandan got married the defacto complainant's sister's daughter. There is difference of opinion between both the family and hence, a false case has been foisted against him on 3.8.2011 and A2 was arrested and enlarged on bail and investigation is considerably over and he apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submitted that the alleged occurrence has been taken place on 1.8.2011 and the complaint has been given on 3.8.2011 and the injured has been discharged from the hospital and A2 was already arrested and enlarged on bail and investigation is going on and the petitioner is having one more previous case and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and considering the facts of the case, the petitioner's brother got married the defacto complainant's sister's daughter and it is the matrimonial dispute and the alleged occurrence has been taken place on 1.8.2011 and the complaint has been given only on 3.8.2011 and there is a delay in preferring the complaint. Further more, the injured has been discharged from the hospital and even though the petitioner was not arrested, neither he interfered with the investigation nor he 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 arrest or on his appearance before the learned Judicial Magistrate, Valliyoor, Tirunelveli District and 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 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, the petition for anticipatory bail stands dismissed. sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, PALAVOOR POLICE STATION, TIRUENVELI DISTRICT. +1 CC to M/S. S.PALANIVELAYUTHAM Advocate SR.No.31617 ORDER IN CRL OP(MD) No.10699 of 2011 NSV/19.9.11/2P/6C Date :15/09/2011 https://hcservices.ecourts.gov.in/hcservices/