BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12575 of 2011 KUSHPU : PETITIONER/ACCUSED NO.4 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE AUNDIPATTI POLICE STATION, IN CR.NO.144 OF 2011, THENI DISTRICT. : RESPONDENT/COMPLAINANT For Petitioner : M/S. P.N.PANDIDURAI 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 petitioner/Accused No.4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 341 and 188 IPC in Crime No.144 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel appearing for the petitioner would submit that the petitioner is arrayed as A4 in C.C.No.146 of 2011 on the file of the learned Judicial Magistrate, Andipatti, Theni District. The alleged occurrence took place on 23.03.2011 and the case has been registered under Sections 143,341 and 188 IPC in Crime No.144 of 2011 and the case has been registered against nine persons. He would further submit that the case of the prosecution is that on the date, the petitioner campaigned for the General Election without any permission either from the Election Officer or from the respondent police and hence the case has been registered. He fairly conceded that the investigation is over and the absconding charge sheet has also been filed against the petitioner and hence he seeks for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 3. Refuting the same, the learned Additional Public Prosecutor (Crl.Side) submits that without getting any permission from the police or from the Election Officer, the petitioner violated the election rules, she campaigned for general election on 26.03.2011 at 05.10 p.m and caused disturbance to the traffic and public and the investigation is over and charge sheet filed and absconding charge sheet has also been filed and taken on file in C.C.No.146 of 2011 and NBWW is issued and hence he seeks for dismissal of the petition. 4. Considering the facts and circumstances of the case, it is seen that the alleged occurrence took place on 26.03.2011, the case has been registered against nine persons under Sections 143,341 and 188 IPC and after the investigation charge sheet has been filed which was taken on file in C.C.No. 146 of 2011 this petitioner shown as absconding accused and now she apprehend for arrest. Since, the absconding charge sheet has been filed NBW has been issued on 09.09.2011, I am not inclined to grant anticipatory bail. However, I am inclined to direct the petitioner to surrender before the learned Judicial Magistrate, Andipatti, Theni District, and to file a petition for bail and in the event of filing such an application, the learned Judicial Magistrate, Andipatti, Theni District, is directed to dispose of the petition for bail on the same day. With the above direction, this petition is disposed of. Sd/- 21/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, AUNDIPATTI POLICE STATION, THENI DISTRICT. +1 CC to M/S. R.MEENAKSHI SUNDARAM Advocate SR.No.32524 ORDER IN CRL OP(MD) No.12575 of 2011 Date :21/09/2011 NSV/23.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/