1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Fourth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD)No.9479 of 2011 LENIN :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, KALAKAD POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.187/2011 :RESPONDENT/COMPLAINANT For Petitioner : M/S. JAYAPAUL ASSOCIATES, 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:- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) I.P.C and Section 3 of TNPPDL Act, in Crime No.187 of 2011 on the file of the respondent police, the petitioner has come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner under Sections 294(b), 323 and 506(ii) I.P.C and Section 3 of TNPPDL Act. He would further submit that he is an innocent person and he has nothing to do with the alleged offence and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that due to previous enmity, on 09.07.2011, the petitioner assaulted the defacto complainant and pushed the Bajaj Pulsar Bike. He would further submit that the injured is taking treatment as out patient and the damaged of the vehicle is worth about Rs.12,000/- (Rupees Twelve Thousand only) and hence, he prays for the dismissal of this application. 4.Considering the facts and circumstances the case and also considering the fact that the injured is taking treatment as out patient and the nature of the offence alleged, I am inclined to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 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, Nanguneri subject to the following stringent conditions:- (i)The petitioner shall deposit a sum of Rs.12,000/- (Rupees Twelve Thousand only) to the credit of Crime No.187 of 2011 before the learned Judicial Magistrate, Nanguneri; (ii)On such deposits the petitioner shall execute 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, Nanguneri, and (iii)The petitioner shall appear before the learned Judicial Magistrate, Nanguneri, daily at 10.30 a.m. until further orders. (iv)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, the petition for anticipatory bail stands dismissed. sd/- 04/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate, Nanguneri, Tirunelveli District. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Kalakad Police Station, Tirunelveli District. +1. CC to M/S. JAYAPAUL ASSOCIATES Advocate SR.No.26316. RP/08.08.2011/2P/6C. ORDER IN CRL OP(MD) No.9479/2011 Date :04/08/2011. https://hcservices.ecourts.gov.in/hcservices/