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.10023 of 2011 1 A.M.NALLUSAMY 2 KALEESWARAN 3 ALEX 4 CHINNA KANNAYIRAM ..PETITIONERS/ACCUSED 2 TO 5 Vs. STATE REP.BY THE SUB-INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, CR.NO.1147 OF 2011, MADURAI DISTRICT. ..RESPONDENT/COMPLAINANT For Petitioners : M/S.S.P.SAMUEL RAJ 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.2 to 5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 452, 341, 323, 307 and 506(ii) I.P.C. in Crime No.1147 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He further submits that the occurrence took place on 06.04.2011 and a case has been registered against the five persons and there is a delay of three months for preferring a complaint and no one sustained injuries and the investigation is considerably over. Hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that due to general election, all the accused were entered into a Communist Party Office and attacked the de-facto complainant and A2 attacked the de-facto complainant with aruval and assaulted the victim and escaped from the place of occurrence and A3 and others were pushed down the victim and fisted on chest. He also gave a complaint and the https://hcservices.ecourts.gov.in/hcservices/ investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions, that the alleged occurrence took place on 06.04.2011 and the complaint has been given on 31.07.2011 even though the delay has been explained in the FIR and no one sustained injuries. Even though the petitioners were not arrested neither interfered with the investigation nor 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 their arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai, 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 Judicial Magistrate No.I, Madurai 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, the petition for anticipatory bail stands dismissed. sd/- 12/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI DISTRICT. +1. CC to M/S. S.P.SAMUEL RAJ Advocate SR.No.27569 akm/16.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.10023 of 2011 Date :12/08/2011 https://hcservices.ecourts.gov.in/hcservices/