BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11175 of 2011 1. AKBAR ALI 2. SYED MASTHAN 3. GANI KHAN CHOUDRY 4. UMAR GATHAB 5. ABDUL AJIM 6. YASIR AHMED 7. PARVESH 8. IMAM ALI 9. AJMEER KHAJA : PETITIONERS/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, RAMJI NAGAR POLICE STATION, TRICHY DISTRICT. CRIME NO.62 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. A.R.SENTHIL KUMAR Advocate For Respondent : Mr. K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 447, 448, 452, 324 and 307 I.P.C., in Crime No.62 of 2011 on the file of the respondent police, the petitioners/accused have come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned Counsel for the petitioners would submit that during the pendency of the application, the petitioner Nos.1, 2, 4 and 6 were already arrested and remanded to judicial custody and hence the anticipatory bail application is dismissed as infructuous in respect of the petitioner Nos.1, 2, 4 and 6. 3. The learned counsel appearing for the petitioner Nos.3,5,7 to 9 would submit that the occurrence has been taken place on 14.08.2011 https://hcservices.ecourts.gov.in/hcservices/ and petitioners are innocent persons and he has been falsely implicated in this case. He would further submit that the injured has already been discharged from the hospital and the investigation is considerably over and now they are apprehend arrest and hence, they have come forward with the present application for anticipatory bail. 4. The learned Additional Public Prosecutor would submit that the injured has already been discharged from the hospital and the investigation is going on and the other accused were arrested and remanded to judicial custody and hence, he prayed for the dismissal of the application. 5. Considering rival submissions made on either side and considering the fact that the occurrence has alleged to be taken place on 14.08.2011 and a case has been registered against 9 persons for the offence under Sections 447, 448, 452, 324 and 307 I.P.C., and the injured person has already been discharged from the hospital and the investigation is considerably over and the co-accused have already been arrested and remanded to judicial custody, I am inclined to grant anticipatory bail to the petitioner Nos.3, 5, 7 to 9 with certain conditions. 6. Accordingly, the petitioner Nos.3, 5, 7 to 9 are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.V, Trichy, and on executing a separate 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 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. 7. 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/- 29/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE JUDICIAL MAGISTRATE NO.5, TRICHY. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, RAMJI NAGAR POLICE STATION, TRICHY DISTRICT. +1 CC to M/S. A.R.SENTHIL KUMAR Advocate SR.No.29594 ORDER IN CRL OP(MD) No.11175 of 2011 Date :29/08/2011 NSV/29.8.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/