BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the Twelfth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD)No.12440 of 2011 J.RAHUMAN KHAN :PETITIONER / ACCUSED NO.3 -Vs- THE STATE REP.BY THE INSPECTOR OF POLICE, ERANIAL POLICE STATION, KANYAKUMARI DT. (CRIME NO.145 OF 2011) :RESPONDENT / COMPLAINANT For Petitioner : M/S. M.AJMAL KHAN Advocate For Respondent : GOVERNMENT ADVOCATE 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,the petitioner in Crime No.145 of 2011 on the file of the respondent police for the alleged offences punishable under sections 279, 147, 148, 294(b) and 302 of the Indian Penal Code, has come up with this petition seeking for anticipatory bail. 2.According to the case of the prosecution, due to some previous motive, the deceased was done to death by 9 persons. The petitioner is the 2n accused. So far as overt act for him it is alleged that he cut the deceased on the neck and shoulder. 3.The learned counsel for the petitioner submitted that the name of the petitioner does not find a place in the F.I.R. Further it is submitted that there are no other materials collected during the course of investigation to implicate the petitioner in the crime. Therefore, he prayed for anticipatory bail. 4.I have considered the submissions made on both sides. 5.Perusal of the records would go to show that the present complaint was preferred by the Village Administrative Officer on seeing the dead body with injuries. Therefore quite naturally, the names of the accused persons would not have found a place in the F.I.R. Subsequently, during the course of investigation, it was found that the murder was committed by all these accused and more particularly, the petitioner is the main person, on whose instructions, the other accused committed murder. 6.In my considered opinion, as narrated earlier, the petitioner has caused death of the deceased by cutting him on the neck and shoulder. Since there is a strong prima facie material against the petitioner, the petitioner is not entitled for anticipatory bail. 7.Hence, this petition is dismissed. sd/- 12/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2.The Inspector of Police, Eranial Police Station, Kanyakumari District. +1. CC to M/S. M.AJMAL KHAN Advocate SR.No.35571. RP/20.10.2011/1P/4C. ORDER IN CRL OP(MD) No.12440 of 2011 Date :12/10/2011. https://hcservices.ecourts.gov.in/hcservices/