BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12541 of 2011 1. C.RAJENDERA KUMAR 2. R.C.RAJA : PETITIONER/ACCUSED NO.12 & 13 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE GANDHI MARKET POLICE STATION, TRICHY DISTRICT. CRIME NO.1721 OF 2010 : RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.OMPRAKASH 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/accused Nos. 12 & 13 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b) and 506(i) of IPC altered into 147, 148, 448, 294(b), 427 & 506(ii) in Crime No.1721 of 2010 on the file of the respondent police and hence,seek anticipatory bail. 2. The learned counsel for the petitioners would submit that the alleged occurrence has been taken place on 15.9.2010 and complaint has been given on 19.9.2010 and the names of the petitioners are not found place in FIR and due to political vendetta, after one year the petitioners were included in the above case and the petitioners apprehend for arrest and they come forward with this application and prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor submitted that the case has been registered on 17.9.2010 and investigation is going on and the petitioners are arrayed as A12 and A13 and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 15.9.2010 and complaint has been given 19.9.2010 and the case was registered against 30 unknown persons and the petitioners are arrayed as A12 and A13 and admittedly, the petitioner's names are not found place in FIR and https://hcservices.ecourts.gov.in/hcservices/ even though the case ha been registered on 19.9.2010 and the petitioners were not arrested, neither they interfered with the investigation nor they absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Trichy, and each of them 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 petitioners shall appear before the concerned court daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6. 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, anticipatory bail petition stands dismissed. Sd/- 21/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.5 TRICHY. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE GANDHI MARKET POLICE STATION, TRICHY DISTRICT. +1 CC to M/S. T.A.OMPRAKASH Advocate SR.No.32348 ORDER IN CRL OP(MD) No.12541 of 2011 Date :21/09/2011 NSV/23.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/