BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.12319, 12696 and 12699 of 2011 1 KATHIRESDAN 2 BOSE 3 JOTHIMANI 4 RAJA 5 NESAM 6 JEYAKUMAR 7 KALAIYARASAN 8 BALAKRISHNAN 9 JAYAPRASATH 10 SANGU PANDI 11 VELLIRAJ 12 SEKAR ...PETITIONERS/ACCUSED IN CRL.OP(MD)NO.12319/2011 1.IRULAPPAN 2.GANESAN 3.ARUMUGAM 4.RAMASAMY ..PETITIONERS/ACCUSED 10,12 TO 14 IN CRL.OP(MD)NO.12696/2011 1.KAVERI 2.KARTHIK 3.MOOKKAN 4.MURUGAN ..PETITIONERS/ACCUSED 5 TO 7&9 IN CRL.OP(MD)NO.12699/2011 Vs THE STATE REP BY THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION., MADURAI DISTRICT. CRIME NO.459 OF 2011 ) ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S. P.RAJKUMAR Advocate in Crl.OP(MD)Nos.12319&12699/2011 M/s.K.SANJAI GANDHI, Advocate in Crl.OP(MD)No.12696/2011 For Respondent : Mr.A.RAMAR,Govt. Advocate ( Crl. Side) https://hcservices.ecourts.gov.in/hcservices/ PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.20 to 24 and 29 to 35 in Crl.O.P(MD) No.12319 of 2011, the petitioners/Accused Nos.10 and 12 to 14 in Crl.O.P(MD) No.12696 of 2011 and the petitioners/Accused Nos.5 to 7 and 9 in Crl.O.P(MD) No.12699 of 2011 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 Section 3(1) TNPPDL Act, in Crime No.459 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that the alleged occurrence took place on 11.09.2011 and a false case has been registered against them under Sections 147,148,188,341, 332,353,336 and 307 IPC and r/w Section 4 of TNPWH Act, and Section 3(1) TNPPDL Act, in Crime No.459 of 2011. and hence, they prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submits 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 damaged the wind glass of the buses and caused damage worth about Rs.2,00,000/- and the investigation is going on, and the injured has already been discharged from the hospital and hence he prays for dismissal of this application. 4.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 even though they were not arrested and 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 petitioners 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. https://hcservices.ecourts.gov.in/hcservices/ 5. 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/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.VI MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION., MADURAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.SANJAI GANDHI, Advocate SR.No.34516 rl/6 c- 3.10.2011 ORDER IN CRL OP(MD) Nos.12319,12696 and 12699 of 2011 Date :28/09/2011 https://hcservices.ecourts.gov.in/hcservices/