1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13133 of 2011 S. PARAMASIVAN ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT CR NO. 238/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.LAJAPATHI ROY Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) 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 160 and 307 of I.P.C., in Crime No.238 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 is an innocent person and he has been falsely implicated in this case. He further submitted that on 08.09.2011 at about 5.00 p.m. this petitioner and one Easaki Pandi along with two unidentified persons, after consuming liquor out side of the TASMAC shop and fighting with each others with deadly weapons and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Prosecutor would submit that the petitioner and others after consuming liquor outside of the TASMAC shop and fighting with each others and sustained injury. He further submitted that the injured has already been discharged from the hospital and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on https://hcservices.ecourts.gov.in/hcservices/ 2 08.09.2011, this petitioner and three others after consuming liquor and out side of the TASMAC shop fighting with each others with deadly weapons and sustained injury and the injured has already been discharged from the hospital, neither he interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. 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, Cheranmahadevi 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. 6. 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/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION,TIRUNELVELI DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. T.LAJAPATHI ROY Advocate SR.No.34257 ORDER IN CRL OP(MD) No.13133 of 2011 Date :29/09/2011 PA/30.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/