BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11439 of 2011 G.KALIMUTHU ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY, THE INSPECTOR OF POLICE SIVANTHIPATTI POLICE STATION TIRUNELVELI DISTRICT CR.NO.92/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.ANBU SARAVANAN Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 448, 427, 506(ii) and 379 of I.P.C. and Section 3 of TNPPDL Act in Crime No.92 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioner would submit that the defacto complainant's son was eloped with A1's daughter and because of enmity, the alleged occurrence has been taken place on 07.07.2011 at 15.00 hours and complaint has been given on 08.07.2011 at 14.00 hours against four persons and A2 was arrested and enlarged on bail and A1 was enlarged on anticipatory bail and on the basis of the complain given by A1, the case in Crime No.822 of 2011 has been registered on 07.07.2011 and for counter blast, the present complaint has been given against the petitioner. He further submitted that the minor girl is yet to be secured and investigation is going on and the petitioner apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor submitted that the defacto complainant's son has eloped with A1's daughter and hence, the alleged occurrence has been taken place and they caused damage worth Rs.1,50,000/-. He fairly conceded that A2 was arrested and enlarged on bail and A2 was enlarged on anticipatory bail and investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 07.07.2011 at 15 hours and complaint has been given on 08.07.2011 at 14 hours stating that A1's daughter aged about 14 years has been kidnapped by the defacto complainant's son and hence, A1 has given complaint which was https://hcservices.ecourts.gov.in/hcservices/ registered in Crime No.822 of 2011 on 07.07.2011 and this case has been registered on 08.07.2011 at 14 hours and there is a delay in preferring the compliant. Further more, the present complaint has been given for counter blast and investigation is considerably over and A2 was arrested and enlarged on bail and A1 was enlarged on anticipatory bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Tirunelveli and 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. 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, anticipatory bail petition stands dismissed. Sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 THE INSPECTOR OF POLICE SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. G.ANBU SARAVANAN Advocate SR.No.31601 ssk/20.09.2011 /6c -2p/- ORDER IN CRL OP(MD) No.11439 of 2011 Date :15/09/2011 https://hcservices.ecourts.gov.in/hcservices/