1 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.12328 of 2011 NALANTH KUMAR :PETITIONER / ACCUSED NO.2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, KARUPPAYURANI POLICE STATION, MADURAI DISTRICT. CR.NO. 326 OF 2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. M.VEILKANIRAJU 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 394 and 506(i) I.P.C., in Crime No.326 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 28.07.2011 in the night at about 10.00 p.m. the 1st accused along with the petitioner and other persons were stopped the lorry bearing Registration No.TN 58 R 6159 and threatened the driver viz., Subbiah and demanded money and the same was informed to the defacto complainant and he came to the spot with in 30 minutes. At that time, the 1st petitioner has taken a sum of Rs.37,000/- from the defacto complainant's pocket. 3.The learned counsel for the petitioner would submit that the petitioner is the son of A1 and he has been falsely implicated in this case. He further submitted that the driver of the said lorry sent a telegram to the Superintendent of Police, Madurai on 30.7.2011, stating that no such occurrence has been taken place on 28.07.2011. he further submitted that the petitioner is an innocent person and no case is pending against him and hence, he prays for enlargement on anticipatory bail. 4.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is the son of A1 and A1 is having so many criminal cases. He further submitted that the defacto complainant is the owner of the lorry, which was loaded with the granite stones, and the same was driven by his driver, at that time, three persons were stopped the lorry and demanded money. He further submitted that only under threat, https://hcservices.ecourts.gov.in/hcservices/ 2 the defacto complainant came to scene of occurrene, at that time, A2 and A3 caught hold of him and A1 has taken away a sum of Rs.37,000/- from the defacto complainant's pocket. He further submitted that the amount has not been recovered and since the investigation is going on, he prays for dismissal of this application. 5.Considering the rival submissions made by both sides and also considering the fact that the defacto complainant is the owner of the vehicle bearing Registration No.TN 58 R 6159 and the same was driven by the driver, at that time, three persons were stopped the lorry and threatened the driver viz., Subbiah and demanded money and the same was informed to the defacto complainant and the defcto complainant came to the spot and at that time, A2 and A3 caught hold of him and A1 has taken away a sum of Rs.37,000/- from the defacto complainant's pocket and no case is pending against the petitioner/A2, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 6.Accordingly, 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.II, Madurai 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 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. 7.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.) TO: 1.The Judicial Magistrate No:II, Madurai. 2.-Do- Thro' The Chief Judicial Magistrate, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Karuppayurani Police Station, Madurai District. +1. CC to M/S. M.VEILKANIRAJU Advocate SR.No.31735. RP/20.09.2011/2P/6C. ORDER IN CRL OP(MD) No.12328 of 2011 Date :16/09/2011. https://hcservices.ecourts.gov.in/hcservices/