BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10805 of 2011 VELU ... PETITIONER/ACCUSED No.11 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT. (CR.NO.476 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.KANAGARAJAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.11 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,323,294(b) and 307 IPC, in Crime No.476 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner is arrayed as A.11 and the case in counter case has been registered in Crime No.475 of 2011 for the offences under Sections 147,323,294(b),506(i)IPC r/w 3(10)(x) of SC & ST Act, on the basis of complaint given by the accused party. On the basis of complaint given by the de-facto complainant one Suresh the case was registered in Crime No.476 of 2011 under Sections 147,148,323,294(b) and 307 IPC. He further submits that the alleged occurrence took place on 15.07.2011 and the injured was discharged from the hospital and the occurrence took place between the de-facto complainant and the petitioner and other accused, due to temple festival and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor(Crl.Side) submits that the case has been registered against 30 persons and he fairly conceded that the case in counter. He further submitted that except this petitioner others were arrested and enlarged on bail and the injured has already been discharged from the hospital and the investigation is going on and hence he prays for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made on both sides, it is seen that the occurrence took place on 15.07.2011 at about 10.30 p.m., because of temple festival the occurrence took place and both sides sustained injury and the case in counter case in Crime Nos.475 and 476 of 2011, in this case, except this petitioner others were arrested and enlarged on bail, and even though the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Melur and 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 Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioner 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/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,MELUR. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE SUB INSPECTOR OF POLICE, MELUR POLICE STATION,MADURAI DISTRICT. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. S.KANAGARAJAN Advocate SR.No.32293 ORDER IN CRL OP(MD) No.10805 of 2011 Date :19/09/2011 PA/21.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/