BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S. RAJESWARAN CRL OP(MD) No.17356 of 2011 1 T.SURESH 2 N.KUMAR 3 P.VELMURUGAN @ PRABHAKARAN 4 T.SUNDAR 5 S.DHARAMALINGAM, S/O.SUBBIAH 6 DHARAMALINGAM, S/O.ISAKKIMADAN 7 M.RAGHUNATH 8 K.SURESH ... PETITIONERS / ACCUSED NO.6 TO 13 Vs STATE REP. BY THE INSPECTOR OF POLICE, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT CR. NO. 1137/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.GANESAN Advocate For Respondent : MR.C.RAMESH, Addl. Public Prosecutor ( Crl. Side) For Intervenor : MR.P.T.RAMESH RAJA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 147, 148, 447, 448, 323, 324, 307, 379 (NP), 452, 427 and 506(ii) IPC in Crime No.1137 of 2011 on the file of the respondent police. They have approached this Court for anticipatory bail under Section 438 of Code of Criminal Procedure. 2. Heard Mr.M.Ganesan, learned counsel appearing for the petitioners, Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the respondent State and Mr.P.T.Ramesh Raja, learned counsel for the intervenor. 3. The learned counsel for the petitioners would submit in his argument that the petitioners have been falsely implicated in this case. He would submit that the petitioners have nothing to do with the alleged offence as stated in the complaint. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioners have caused damage worth about Rs.5,000/- to the house of the de-facto complainant. https://hcservices.ecourts.gov.in/hcservices/ 5. The learned counsel for the intervenor would submit that the petitioners also contributed to the injury sustained by the de-facto complainant, who are also hospitalised and discharged later. 6. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7. Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance before the Judicial Magistrate concerned on the following conditions: (i) the petitioners shall deposit a sum of Rs.5,000/- (Rupees five thousand only) to the credit of Crime No. 1137 of 2011 on the file of the respondent Police before the Judicial Magistrate, Valliyoor; (ii) on such deposit the petitioners' shall execute a separate 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, Vallyoor, and on further condition that the petitioners shall appear before the Judicial Magistrate, Valliyoor, every day at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 8. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, VALLIYOOR. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE INSPECTOR OF POLICE, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. + 3 ccs' to M/S. M.GANESAN Advocate SR.No.46139 ORDER IN CRL OP(MD) No.17356 of 2011 Date :28/12/2011 RJ/28.12.11 2p/8c https://hcservices.ecourts.gov.in/hcservices/