1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13055 of 2011 KARTHI ... PETITIONER/ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE(L& O) C5 KARIMEDU POLICE STATION, MADURAI DISTRICT. IN CR.NO. 1941/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. B.JEYAKUMAR 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/Accused No.3 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 365, 294(b) and 506(ii) IPC in Crime No.1941 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 alleged occurrence took place on 06.07.2011 and a complaint was given on 08.08.2011 and the case has been registered against seven persons under Sections 147, 148, 341, 365, 294(b) and 506(ii) IPC in Crime No.1941 of 2011. He would further submit that the petitioner is arrayed as A3 and other accused namely A6 and A7 were already enlarged on anticipatory bail by this Court in Crl.O.P(MD)No.12357 of 2011 and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that on 22.01.2011 the de-facto complainant was assaulted by the petitioner and other accused and the case was registered in Crime No.181 of 2011 under Sections 147, 148, 365, 342, 324 and 506(ii) IPC. After https://hcservices.ecourts.gov.in/hcservices/ 2 that, the de-facto complainant filed a petition to include Section 307 IPC and that petition was allowed and thereafter only, the petitioner and the other accused threatened the de-facto complainant to withdraw the case. So, the occurrence took place on 06.07.2011. He fairly conceded that the case has been registered on 08.08.2011. He would further submit that A6 and A7 were already enlarged on anticipatory bail and this petition is arrayed as A3 and he made a threat against the de-facto complainant and he is having one previous case and the investigation is going on and hence, he prays for dismissal of this petition. 4. Considering the rival submissions made on both sides, it is seen that admittedly, on 22.01.2011, the occurrence took place and the case has been registered on the basis of complaint, in Crime No.181 of 2011 under Sections 147, 148, 365, 342, 324 and 506(ii) IPC. The de-facto complainant filed a Criminal Original Petition for including the provision of Section 307 IPC and that petition was allowed and hence, the petitioner and other accused made a criminal intimidation against the de-facto complainant to withdraw the case and that had occurrence taken place on 06.07.2011. Admittedly, the complaint was given on 08.08.2011 and there is a delay in preferring the complaint. Furthermore, the co-accused A7 and A8 were already enlarged on anticipatory bail and even the case was registered on 08.08.2011, the petitioner/A3 has not arrested and he neither interfered with the investigation nor absconded from the jurisdiction and considering the all the above facts and the delay in preferring the complaint. I am inclined to grant anticipatory bail to the petition 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 No.V, Madurai, Madurai District, on his 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 Judicial Magistrate No.V, Madurai, Madurai District 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. https://hcservices.ecourts.gov.in/hcservices/ 3 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, anticipatory bail petition stands dismissed. sd/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE(L&O) C5 KARIMEDU POLICE STATION, MADURAI DISTRICT. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. B.JEYAKUMAR Advocate SR.No.33823 ORDER IN CRL OP(MD) No.13055 of 2011 Date :28/09/2011 PA/30.09.2011/3P/6C https://hcservices.ecourts.gov.in/hcservices/