1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15853 of 2011 DHARIK AJEEZ ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE TENKASI POLICE STATION, THIRUNELVELI DISTRICT, CRIME NO.1042/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.CHINNAKARUPPAN Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A1 and he prayed for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Sections 147, 148, 294(b), 324, 323, 307 and 506(ii) IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act, 1998, in Crime No.1042 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.Heard Mr.P.Chinnakaruppan, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.According to the case of the prosecution, along with the second accused and others, the petitioner attacked the de-facto complainant and also criminality intimidated him. In the said attack, the de-facto complainant sustained only simple injury. 4.The learned counsel appearing for the petitioner would deny the above allegations. According to him, the petitioner has been falsely implicated in this case. The learned counsel for the petitioner would further submit that the petitioner is entitled for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned Additional Public Prosecutor would submit in his argument that it is a case and counter case and the injured has been discharged on 21.11.2011. If for any reason, this Court is inclined to grant anticipatory bail to the petitioner, stringent conditions may be imposed. 6.Considering the submissions made by both sides, I could see that it is a case and counter case and the injured had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tenkasi and on 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, Tenkasi and on further condition that the petitioner shall stay at Madurai and report before the Tallakulam Police Station daily twice i.e., at 10.30 a.m., and 5.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 7.The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 07/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, TENKASI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE OFFICER INCHARGE, TALLAKULAM POLICE STATION, MADURAI 4 THE INSPECTOR OF POLICE, TENKASI POLICE STATION, THIRUNELVELI DISTRICT 5 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. P.CHINNAKARUPPAN Advocate SR.No.42707 ORDER IN CRL OP(MD) No.15853 of 2011 Date :07/12/2011 TR : 10.12.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/