BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9443 of 2011 1 PETCHIMUTHU KONAR 2 PETCHIMUTHU 3 MARIAPPAN 4 THIRUMALAI KONAR ..PETITIONERS/ACCUSED RANK NOT KNOWN Vs. STATE REP.BY THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, IN CR.NO.282 OF 2011, TIRUNELVELI DISTRICT. ..RESPONDENT/COMPLAINANT For Petitioners : M/S. S.MURUGAN 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b) and 506(i) of IPC in Crime No. 282 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that a false case has been foisted against the petitioners and due to dispute arose in sharing the water in common well, the alleged occurrence has been taken place on 4.5.2011 and a complaint has been given and the petition enquiry is conducted and subsequently, the case has been registered in Crime No.282 of 2011 and investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit that because of sharing the water, there is a dispute and investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides this Court could find that the alleged occurrence has been taken place on https://hcservices.ecourts.gov.in/hcservices/ 4.5.2011. Considering the fact that even though the case has been registered on 4.5.2011, he neither interfered with the investigation nor absconded from the jurisdiction and it is a civil dispute in respect of sharing of water, 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, Tenkasi, Tirunelveli District, 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 report before the Court concerned 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/- 02/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S. S.MURUGAN Advocate SR.No.25539 akm/03.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.9443 of 2011 Date :02/08/2011 https://hcservices.ecourts.gov.in/hcservices/