1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12026 of 2011 1 DURAI @ POTTAL DURAI 2 THANGAMARI :PETITIONERS / ACCUSED NOS.1&2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT. ( CR.NO.288 OF 2011 ) :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.R.A.RAMACHANDHARAN, 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 petitioners/Accused Nos.1 and 2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under sections 294(b), 354 and 506(ii) I.P.C.and Section 4 of Tamilnadu Women Harassment Act,in Crime No.288 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are arrayed as A1 and A2 in Crime No.288 of 2011 under sections 294(b), 354 and 506(ii) I.P.C.and Section 4 of Tamilnadu Women Harassment Act, and the alleged occurrence took place on 27.08.2011, because of previous enmity between both the parties in respect of fetching of water and the petitioners suffered grievous injuries and they have been admitted in the hospital. He further submitted that on the basis of a counter complaint, a case in Crime No.289 of 2011 has been registered under Sections 294(b), 324 and 506(ii) IPC. Already A3 was arrested and enlarged on bail, and now the petitioners apprehend arrest and hence, they pray for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that it is a case in counter and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions made on both side,it is seen that the alleged occurrence took place on 27.08.2011 because of previous enmity for fetching water and the second https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner also sustained injury and on the basis of the complaint given by him the case in Crime No.289 of 2011 has been registered under sections 294(b), 324 and 506(ii) IPC, whereas on the basis of complaint given by the de-facto complainant the case has been registered in Crime No.288 of 2011 under sections 294(b), 354 and 506(ii) I.P.C. and Section 4 of Tamilnadu Women Harassment Act and the investigation is considerably over. Since it is a case in counter and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Shencottai, and each of them 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 Judicial Magistrate, Shencottai, and on further condition that the petitioners shall report before the court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under section 438 Cr.P.C. scrupulously. 6.The petitioners 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/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate, Shencottai, Tirunelveli District. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Achanpudur Police Station, Tirunelveli District. +1CC to M/S. S.R.A.RAMACHANDHARAN Advocate SR.No.31362. RP/16.09.2011/2P/6C. ORDER IN CRL OP(MD) No.12026/2011 Date :14/09/2011. https://hcservices.ecourts.gov.in/hcservices/