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.12976 of 2011 1 M.BALAN 2 P.ALAGAR ... PETITIONERS / ACCUSED 2 AND 3 Vs STATE REP BY:: INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI IN CR.NO. 1670/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K.JEGANATHAN Advocate For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR 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 offence punishable under Sections 341, 394 r/w 397 and 506(ii) of I.P.C., in Crime No.1670 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that because of the enmity for celebration of temple festival between the petitioners and the defacto complainant, a false case has been foisted against these petitioners. Originally A1 has taken away a sum of Rs.500/- from the de-facto complainant and these petitioners are nothing to do with the commission of offence and a case has been registered on 21.09.2011. He further submitted that the first petitioner is working as a Assistant Staff and the second petitioner is a B.Com student and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that A1 was arrested and these petitioners are yet to be arrested and no previous case is pending against them and the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 20.09.2011 at the time A1 has snatching Rs.500/- from the defacto complainant and he was arrested and remanded to judicial custody, as per version of learned counsel appearing for the petitioners that because of the dispute between petitioner and defacto complainant for celebration of temple festival, these petitioners were implicated and since no other previous case is pending against the petitioners and a sum of Rs.200/- was recovered from the A1, neither they 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 petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.V, Madurai 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.) TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI 1. CC to M/S. K.JEGANATHAN Advocate SR.No.34234: DM::2011:OCTOBER:::03:: ORDER IN CRL OP(MD) No.12976 of 2011 2P:6C:: Date :29/09/2011 https://hcservices.ecourts.gov.in/hcservices/