BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S. RAJESWARAN CRL OP(MD) No.17400 of 2011 1. M.MEKALA, 2. M.GOBILINGAM, 3. N.RAMANATHAN @ RAMALINGAM ... PETITIONERS/ACCUSED 1, 2 & 4 Vs THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.(CR.NO.589 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.NATARAJAN Advocate For Respondent : Ms.S.Ragavanthre and MR.C.RAMESH, Additional Public Prosecutor For Intervenor : Mr.V.Kathirvelu, Senior Counsel PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1, A2 and A4 in Crime No.589 of 2011 on the file of the respondent police for offence under Sections 341, 323, 394(NP) and 506(i) IPC. Apprehending arrest at the hands of the respondent police, they have come up with this petition seeking anticipatory bail. 2. Heard Mr.P.Natarajan, learned counsel for the petitioners and Mr.V.Kathirvelu, learned Senior counsel for the intervenor representing Ms.S.Ragavanthre and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the respondent State. 3. The learned Senior counsel for the petitioners would submit that the first petitioner is the mother of the second petitioner and the third petitioner is the brother of the first petitioner. He would submit that this is a case of case in counter and the de-facto complainant filed Crl.O.P(MD) No.11021 of 2011 before this Court to quash Cr.M.P.No.4466 of 2010, which was filed by first petitioner and the same is pending on the file of the Judicial Magistrate No.I, Sivagangai and the said Criminal Original Petition is pending before the Mediation Centre of this Court. In order to defeat the mediation proceedings, a false complaint has been https://hcservices.ecourts.gov.in/hcservices/ lodged before the respondent police, as if the petitioners attacked the de-facto complainant. 4. The learned Senior Counsel for the petitioners would object the same. 5. The learned Additional Public Prosecutor would submit in his argument that this is a case of case in counter. 6. Considering the facts and circumstances of the case and also considering the fact that it is a case of case in counter and though this petition has been objected to by the learned Senior Counsel, in view of the fact that the de-facto complainant has been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners 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, Melur, 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 second and third petitioners shall appear before the respondent police every day at 10.30 a.m. until further orders. The first petitioner shall report before the respondent police as and when required for the purpose of interrogation. 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/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, MELUR. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. P.NATARAJAN Advocate SR.No.46109 SR : 29.12.2011 : 2P/6C ORDER IN CRL OP(MD) No.17400 of 2011 Date :28/12/2011 https://hcservices.ecourts.gov.in/hcservices/