BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10090 of 2011 T.THENMOHAN ...PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE WEST POLICE STATION KOVILPATTI TUTICORIN DISTRICT CR.NO.898/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b) and 353 I.P.C., in Crime No.898 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A1 and he is an innocent person and a false case has been foisted against him for the offences under Sections 147, 294(b) and 353 I.P.C. He would further submit that the alleged occurrence has been taken place on 15.07.2011 and the investigation is considerably over and the petitioner is a practising advocate and as he has appeared against the respondent police, +several false case has been foisted against him and he apprehends for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit that the investigation is going on and the petitioner has six previous case and the complainant is a police official and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 15.07.2011 and a case has been registered against this petitioner and 10 unnamed persons for the offences under https://hcservices.ecourts.gov.in/hcservices/ Sections 147, 294(b) and 353 I.P.C., but admittedly, the petitioner has six previous cases and as per the version of the learned counsel for the petitioner, the petitioner is a practising advocate and as he has appeared against the respondent police, several false case has been foisted against him and even the petitioner was not arrested neither he interfered with the investigation nor he abscond from the jurisdiction from the court, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kovilpatti, Tuticorin District 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. 5. 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/- 12/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.I KOVILPATTI, TUTICORIN DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE WEST POLICE STATION KOVILPATTI, TUTICORIN DISTRICT +1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.27612 rl/6c – 17.8.2011 ORDER IN CRL OP(MD) No.10090 of 2011 Date :12/08/2011 https://hcservices.ecourts.gov.in/hcservices/