BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.13114 of 2011 P.C.MURALITHARAN ... PETITIONER/ACCUSED-1 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL. (IN CR.NO.66 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. VEERA KATHIRAVAN Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 21.09.2011 for the alleged offence punishable under Sections 147, 447, 427, 294(b), 506(i) and 379 I.P.C., in Crime No.66 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner along with four others under Sections 147, 447, 427, 294(b), 506(i) and 379 I.P.C. He further submitted that the petitioner was harassed by the respondent police and hence, he was approached this Court and file a petition for anticipatory bail in Crl.OP.(MD) No.11245 of 2011 and the same was disposed on 25.08.2011 stating that no case has been registered against the petitioner and only petition enquiry is pending after that, a case has been registered on 21.09.2011 and hence, the petitioner was arrested on the same day. He further submitted that in the complaint itself, it was mentioned three incidence happened, first incidence was on 24.09.2009, the second incidence was on 07.08.2011 and the third incidence was on 19.09.2011, however, the complainant has been given only on 21.09.2011 and hence, there is a delay in preferring the complaint. He further submitted that A2 to A5 have already been granted anticipatory bail by this Court and the present political scenario, a false case has been foisted against the petitioner and he is in custody from 21.09.2011 and the investigation is considerably over and hence, he prays for enlargment on bail. https://hcservices.ecourts.gov.in/hcservices/ 3. Refuting the same, the learned Additional Public Prosecutor would submit that on 07.08.2011 at 11.00a.m. the petitioner along with the other accused have entered into the defacto complainant's property and caused damage to the property and also abused the defacto complainant and hence, the defacto complaint has given a complaint. He further submitted that the value of the damaged property is worth about Rs.1 lakh and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and on perusal of the F.I.R., it is seen that case has been registered on 21.09.2011 under Sections 147, 447, 427, 294(b), 506(i) and 379 I.P.C. In the F.I.R., it was specifically mentioned the date of occurrence 24.09.2009, 07.08.2011 and 19.09.2011, but the complaint has been given only on 21.09.2011 and therefore, there is a delay in preferring the complaint for two days. 5. Considering the facts and circumstances of this case and also considering the fact that the series of occurrence has taken from 2009 and there is a delay in preferring the complaint and the co-accused have already been released on anticipatory bail, I am inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail 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.2, Dindigul, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.2, DINDIGUL. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3. THE OFFICER IN CHARGE, SUB JAIL, DINDIGUL. 4. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,DINDIGUL. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2. CC to M/S. VEERA KATHIRAVAN Advocate SR.No.33593 & 33619 SR : 28.09.2011 : 2p/8c ORDER IN CRL OP(MD) No.13114 of 2011 Date :28/09/2011 https://hcservices.ecourts.gov.in/hcservices/