BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14177 of 2011 G.UKKIRA PANDIAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, CR.NO. 293 OF 2011, SIVAGANGAI DIST ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.SUBASH BABU Advocate For Respondent : M/S. K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) 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 in Crime No.293 of 2011, on the file of the respondent police for offences under Sections 511 and 397 of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory bail. 2. According to the case of the prosecution, the alleged occurrence was on 18.09.2011. It is stated that the petitioner, who was coming in a Motorcycle, dashed against the Motorcycle of the de facto complainant and attempted to snatch away the gold chain owned by the de facto complainant. The husband of the petitioner, who was coming in another Motorcycle, save his wife. However, the petitioner escaped. With the above allegations, a complaint was given on 24.09.2011. 3. The learned counsel for the petitioner would submit that at the time of occurrence, the petitioner did not make any attempt to rob the de facto complainant. As a matter of fact, the petitioner was dashed by the husband of the de facto complainant. Immediately, the petitioner proceeded to the police station and made a complaint. But, instead of investigating the same, the petitioner was detained in illegally custody at the instance of the husband of the de facto complainant. However, the petitioner escaped from the custody on 21.09.2011. In the meanwhile, while in custody, he was tortured physically. He was admitted in the hospital and he sent a complaint to the Human Rights Commission on 22.09.2011. He filed a Writ Petition in W.P.(MD)No.11077 of 2011, on 26.09.2011 seeking to take action against the erring Police Officials. After all these exercises, the present case has been registered against him. https://hcservices.ecourts.gov.in/hcservices/ 4. I have considered the above submissions. A perusal of the records would go to show that the alleged occurrence was on 18.09.2011 and the case was registered only on 24.09.2011, for which there is no explanation. The other records produced by the petitioner would go to show that he made a complaint to the Human Rights Commission on 22.09.2011, which is evident from the postal receipts produced by the petitioner. Therefore, the contention of the learned counsel for the petitioner that as an afterthought, this case has been registered deserved to be considered. 5. In such view of the matter, I am inclined to grant Anticipatory Bail to the petitioner, but with stringent conditions. 6. In the result, the Criminal Original Petition is ordered and the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Karaikudi, Sivagangai District, on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the Karaikudi South Police Station every day at 10.30 AM until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. sd/- 04/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI, SIVAGANGAI DIST 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DIST 5 THE OFFICER INCHARGE KARAIKUDI SOUTH POLICE STATION, KARAIKUDI +1. CC to M/S. M.SUBASH BABU Advocate SR.No.38346 ORDER IN CRL OP(MD) No.14177 of 2011 Date :04/11/2011 SMA/09.11.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/