BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12096 of 2011 PANCHALARAJAN @ PANCHALI ...PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE SUB-INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.580/2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. SIVA AYYAPPAN Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 427, 387 and 506(ii) I.P.C. in Crime No.580 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 arrayed as A1 and a false has been foisted against the petitioner under Sections 294(b), 323, 427, 387 and 506(ii) I.P.C. The case of the prosecution is that on 26.08.2011 at 22.30 hours the petitioner/first accused and others entered into the de-facto complainant's Parotta shop and demanded Rs.1,000/- and they threatened and abused the de-facto complainant and caused damage to the articles to the tune of Rs.300/- and cause injury to the de-facto complainant. He further submits that the case has been registered on 26.08.2011 and the injured has been discharged from the hospital who is the de-facto complainant's brother and the investigation is considerably over and hence, he pray for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submits that the occurrence took place on 26.08.2011, the petitioner and others entered into the de-facto complainant's shop abusing and demanded money and caused damage worth of Rs.300/-. He further submits that the petitioner is having four previous cases, three cases are entered into https://hcservices.ecourts.gov.in/hcservices/ acquittal and one case he is convicted. He fairly conceded that the injured has been discharged from the hospital and the investigation is going on and hence he prays for dismissal of this application. 4.COnsidering the rival submissions made on both sides, it is seen that the alleged occurrence took place on 26.08.2011 and a complaint given on 27.08.2011 and even though he was not arrested in four cases in three cases entered into acquittal, one case is convicted and the injured has been discharged from the hospital, he neither interfered with the investigation nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.300/- (Rupees Three Hundred only) to the credit of Crime No.580 of 2011 on the file of the learned Judicial Magistrate IV, Tirunelveli and on receipt of the same, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.IV, Tirunelveli. The petitioner shall comply with the conditon stipulated under Section 438 Cr.P.C. Scrupulously. 5.The petitioner shall appear before the concerned Magistrate within a period of 15 day from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB-INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. SIVA AYYAPPAN Advocate SR.No.31870 rl/6c – 20.9.2011 ORDER IN CRL OP(MD) No.12096 of 2011 Date :16/09/2011 https://hcservices.ecourts.gov.in/hcservices/