1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. TAMILVANAN CRL OP(MD) No.16010 of 2011 SELVADHAS .. PETITIONER Vs THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE THUCKLAY POLICE STATION, KANYAKUMARI DISTRICT CR.NO.1291 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.K.M.APPAJI Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioner/accused as well as the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner, who is arrayed as accused facing charges for the alleged offences punishable under Sections 341, 353 and 506(i) IPC in Crime No.1291 of 2011, on the file of the respondent police, has come forward with this application, seeking anticipatory bail under Section 438 Cr.P.C. 3.Learned counsel appearing for the petitioner submits that the petitioner is an innocent person and as per the prosecution case, when the petitioner was travelling in his motor bike in a rash and negligence manner, the de-facto complainant viz., Sub Inspector of Police, Thuckalay stopped him and demanded bribe and as a result of which, there was a wordy quarrel between them. The petitioner has further stated that the de-facto complainant was not in uniform and hence there was a quarrel between then. With the above pleadings, he prays for anticipatory bail. 4.Learned Additional Public Prosecutor appearing for the respondent has https://hcservices.ecourts.gov.in/hcservices/ 2 not disputed the fact that there is no bad antecedents against the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that there is no bad antecedents against the petitioner and that the injured was already discharged from the hospital, I find it just and reasonable to grant anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Eraniel and on executing a personal 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 appear before the respondent police 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, the petition for anticipatory bail shall stand dismissed. sd/- 09/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ERANIEL 2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 3 THE INSEPCTOR OF POLICE, THUCKLAY POLICE STATION, KANYAKUMARI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. C.K.M.APPAJI Advocate SR.No.42998 ORDER IN CRL OP(MD) No.16010 of 2011 Date :09/12/2011 TR : 15.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/