BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.12482 of 2011 THIRUMANI ... PETITIONER/ACCUSED No.11 Vs THE SUB-INSPECTOR OF POLICE SOORANMGUDI POLICE STATION, TUTICORIN DISTRICT. ( CRIME NO.28 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. JAYAPAUL ASSOCIATES Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PRSOECUTOR, 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 the petitioner, is Crime No.28 of 2011 on the file of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 342 and 307 of the Indian Penal Code, has come up with this petition seeking for anticipatory bail. 2. According to the case of the prosecution, initially a case was registered for offences under Sections 147, 148, 294(b), 342 and 307 of IPC. The alleged occurrence was happened on 08.03.2011. After the demise of the deceased due to the injuries, the case was altered into Section 302 of IPC on 24.03.2011. 3. It is the case of the prosecution that due to previous motive, the third accused caused injuries on the deceased with aruval. Sofar as the petitioner is concerned, except he is a member of unlarful assembly, no other ground is attributed. 4. According to the petitioner, it is a false case. He further submitted that yet another accused, ie, accused No.12 who is standing in the same footing was already granted anticipatory bail by this Court in Crl.O.P.No.7392 of 2011. According to the petitioner, he is also entitled for anticipatory bail. 5. I have considered the submissions made on both sides. Sofar as the overt act is concerned, the petitioner is standing in the same footing like Muthu Ganesan, who is the 12th accused in this case. Except being a member of the unlawful assembly, he has not caused any other injuries. There is no other specific overt act attributed at all. Since the 12th accused was already granted anticipatory bail, I would like to extend the same benefit of anticipatory bail to the petitioner also. Hence I am inclined to grant anticipatory bail to the petitioner, but with stringent conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vilathikulam, on executing a bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/ (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall remain at Tirunelveli and report before the Tirunelveli Town Police Station every day at 10.30 am., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C Scrupulously. sd/- 12/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VILATHIKULAM 2. THE CHIEF JUDICIAL MAGISTRATE TUTICORIN 3. THE SUB-INSPECTOR OF POLICE SOORANMGUDI POLICE STATION, TUTICORIN DISTRICT. 4. THE INSPECTOR OF POLICE, TOWN POLICE STATION, TIRUNELVELI DISTRICT 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. JAYAPAUL ASSOCIATES Advocate SR.No.35399 GH : 14.10.2011 : 2P/7C ORDER IN CRL OP(MD) No.12482 of 2011 Date :12/10/2011 https://hcservices.ecourts.gov.in/hcservices/