BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12730 of 2011 VELU THEVAR ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY, THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DIST IN CR.NO. 176 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.SASIKUMAR Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b),307, 326,323,324 and 506(ii) I.P.C. in Crime No.176 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 petitioner was charged under Sections 294(b),307,326,323,324 and 506 (ii) I.P.C. He further submitted that the petitioner is arrayed as A3 and a false case has been foisted against three persons and the petitioner is arrayed as A3 and the alleged occurrence took place on 27.08.2011 and a complaint was given on 28.08.2011; A1 and A2 were already arrested and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is arrayed as A3 and the petitioner threatened and abused the de-facto complainant and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the facts and circumstances of the case it is seen that the alleged occurrence took place on 27.08.2011 and the case was registered on 28.08.2011, the injured has already been discharged from the hospital; and no previous case against the petitioner and only the allegation is against the petitioner is that he abused the de-facto complainant and made a criminal intimidation and even though the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.III, Tirunelveli, and 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.III, Tirunelveli, 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, anticipatory bail petition stands dismissed. Sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DIST 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. V.SASIKUMAR Advocate SR.No.33211 ssk/29.09.2011 /6c -2p/- ORDER IN CRL OP(MD) No.12730 of 2011 Date :23/09/2011 https://hcservices.ecourts.gov.in/hcservices/