BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15995 of 2011 1. SETHUPATHY, 2. ANANTHAN, 3. SARAVANANKUMAR ... PETITIONER/ACCUSED 1 to 3 MAREESWARAN ...INTERVENER Vs THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, PARAMAKUDI,RAMANATHAPURAM DT. (CR.NO.376 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.R. LAXMAN ADVOCATE For Respondent : MR.DURAIPANDIAN, GOVERNMENT ADVOCATE (CRL.SIDE) For Intervenor : M/S.K.SATHISH KUMAR, ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Sections 341, 294(b), 506(ii) and 307 I.P.C. in Crime No.376 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard Mr.K.R.Laxman, learned counsel for the petitioners, Mr.K.Sathishkumar, learned counsel for the intervenor and Mr.K.S.Duraipandian, learned Additional Government Pleader appearing for the respondent State. 3. According to the submission of the learned counsel for the petitioners, the petitioners have been implicated in two cases and petitioners 2 and 3 are the students and the case has been registered only on the political motive. He would further submit that the petitioners are innocents persons and apart from the two cases, they have no bad antecedents. He would further submit that the injured has been discharged from the hospital and therefore, the petitioners may be considered for anticipatory bail. 4. The learned counsel for the intervenor would submit in his argument that the petitioners have used sword for causing injuries against the defacto complainant and the defacto complainant escaped from his death since the injury landed on his left upper hand. In support of his argument, he has produced some photographs of the defacto complainant, showing the injury on his hand. He would further submit that the petitioners are notorious persons and they are not eligible for grant of anticipatory bail and they would indulge in further offence, if released on anticipatory bail. Therefore, he would request this Court, to dismiss the anticipatory bail plea of the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 5. The learned Additional Public Prosecutor would submit in his argument that the injured has been discharged from the hospital and the petitioners are having one more case each to their credit and if for any reason, this Court is inclined to grant anticipatory bail, stringent conditions may be imposed. 6. Considering the submissions made by both sides, I could see that the defacto complainant/injured has been discharged from the hospital and the photographs shown by the intervenor would go to show that the injury has been caused on his left upper hand and the nature of the injuries and the sequence of the occurrence has to be investigated and it has to be explained in the charge sheet. As far as this case is concerned, I could see that the petitioners 2 and 3 are the students and the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners, but with stringent conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Paramakudi 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 stay at Madurai and to appear before the Theppakulam Police Station, Madurai daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8. 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/- 19/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, PARAMAKUDI 2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3. THE INSPECTOFR OF POLICE, PARAMAKUDI TOWN POLICE STATION PARAMAKUDI, RAMANATHAPURAM DISTRICT 4. THE OFFICER IN CHARGE, THEPPAKULAM POLICE STATION, MADURAI 5. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S. K.R. LAXMAN ADVOCATE SR.NO.44444 +1CC TO M/S.K.SATHISKUMAR, ADVOCATE, SR.NO.44555 GH : 22.12.2011 : 2P/8C ORDER IN CRL OP(MD) No.15995 of 2011 Date :19/12/2011 https://hcservices.ecourts.gov.in/hcservices/