BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11749 of 2011 VELMURUGAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP. BY ITS THE SUB INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT, CR.NO.NOT KNOWN /2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.N.ILANGO 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b),427 and 506(ii) I.P.C. in Crime No.115 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 apprehending arrest in Crime No.115 of 2011 registered under Sections 294(b),427 and 506(ii) I.P.C. The case of the prosecution is that the petitioner has pelted the stones to the house of the de-facto complainant one Chithambaram and he threatened their life and hence the case has been registered. He further submitted that the case of the petitioner is that the petitioner and the second daughter of the de-facto complainant is having love affair and they are the neighbours. So, the de-facto complainant gave a false complaint against the petitioner and hence, he pray for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submits that on 04.09.2011, the petitioner/accused went to the de-facto complainant's house and pelted the stones on the asbestos sheet of the de-facto complainant's house and caused damage of Rs.1,500/- and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions made on both sides, the alleged occurrence took place on 04.09.2011 and a complaint given on 05.09.2011. The case of the prosecution is that the petitioner herein has pelted the stones over the de-facto complainant's house and damaged the asbestos sheet to the tune of Rs.1,500/- and even though he was not arrested he neither interfered with the investigation nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,500/-(Rupees https://hcservices.ecourts.gov.in/hcservices/ One Thousand Five Hundred only) to the credit of Crime No.115 of 2011 on the file of the learned Judicial Magistrate No.III, Tirunelveli, and on receipt of the same, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Tirunelveli. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. 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/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE SUB INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.N.ILANGO, ADVOCATE SR.NO.31801. ORDER IN CRL OP(MD) No.11749 of 2011 Date :16/09/2011 2P/6C RPB 20.09.2011 https://hcservices.ecourts.gov.in/hcservices/