BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12432 of 2011 THANGARAJ ... PETITIONER / ACCUSED 3 Vs STATE REP BY:: INSPECTOR OF POLICE PERUMALPURAM POLICE STATION(CRIME), TIRUNELVELI IN CR.NO. 358 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.PON KARTHIKEYAN 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 :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 392 r/w 397 I.P.C., in Crime No.358 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The case of the prosecution is that on 01.08.2011 the petitioner along with A1 and A2 have threatened the defacto complainant with knife and robbed a sum of Rs.100/- and a cell phone from him. 3. The learned counsel for the petitioner would submit that the petitioner has nothing to do with the alleged commission of offence. He further submitted that on the basis of the confession given by A1, the petitioner was implicated in this case and hence, he prays for enlargement on anticipatory bail. 4. Refuting the same, the learned Additional Public Prosecutor would submit that the alleged occurrence has taken place on 01.08.2011 and after arrest of A1 on 09.09.2011, the petitioner was implicated https://hcservices.ecourts.gov.in/hcservices/ and the property has been recovered and no case is pending against the petitioner. 5. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has taken place on 01.08.2011 and at the time of registration of F.I.R., no one has been shown as accused and on the basis of the confession given by A1, the petitioner was implicated and the property has been recovered and no case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 6. 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 No.I, Tirunelveli and on 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. 7. 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/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION(CRIME), TIRUNELVELI 1. CC to M/S. R.PON KARTHIKEYAN Advocate SR.No.32315: DM::2011:SEPTEMBER:21:: ORDER IN CRL OP(MD) No.12432 of 2011 2P;6C:: Date :20/09/2011 https://hcservices.ecourts.gov.in/hcservices/