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.13327 of 2011 VARATHARAJAN ... PETITIONER /ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE CANTONMENT POLICE STATION., TRICHY DISTRICT IN CR.NO.1041 OF 2010, ... RESPONDENT/COMPLAINANT For Petitioner : M/S. E.SOMASUNDARAM 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/Accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341, 323 and 506(ii) IPC, in Crime No.1041 of 2010 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 apprehending arrest in Crime No.1041 of 2010 under Sections 294(b), 341, 323 and 506(ii) IPC, and the petitioner is arrayed as A2 and he is nothing to do with the commission of offence and the investigation is considerably over and hence he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor(Crl.Side) would submit that the investigation is going and 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 10.04.2010 and the case has been registered in Crime No.1041 of 2010 under Sections 294(b), 341, 323 and 506(ii) IPC and the investigation is considerably over and even though the petitioner was not https://hcservices.ecourts.gov.in/hcservices/ arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditinos. 5.Accordingly, the petitioner is ordered to be released on bal in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, Trichy 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 considering the age of the petitioner who is aged about 86 years, no further condition is imposed. 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 NO.II TRICHY 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE CANTONMENT POLICE STATION., TRICHY DISTRICT. +1. CC to M/S. E.SOMASUNDARAM Advocate SR.No.34443 rl/6c – 11.10.2011 ORDER IN CRL OP(MD) No.13327 of 2011 Date :30/09/2011 https://hcservices.ecourts.gov.in/hcservices/