BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9878 of 2011 UTHIRAKANI ... PETITIONER Vs THE INSPECTOR OF POLICE, TUTICORIN SOUTH POLICE STATION, TUTICORIN, CR.NO.474/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. H.ARUMUGAM Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) 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 offences punishable under Section 302 IPC, in Crime No.474 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner submits that the petitioner's brother namely Sivalingam alias Lingam was assaulted by one Sundar, Saravanan and some others. He further submits that one Premnath who is the alleged paramour of the petitioner, was questioned by Sivalingam who is brother of the petitioner and the occurrence has been taken place and he was taking treatment and subsequently, died on 04.06.2011. Already Premnath has surrendered before the Court and the investigation is over. Hence, he apprehends arrest and prays for his enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submits that the accused Premnath has surrendered before the Revenue Inspector and then, he was produced before the police station and then he was arrested and remanded to Judicial custody. He further submits that the petitioner and the accused Premnath are having illicit intimacy and the petitioner's brother questioned and hence he was attacked on 29.05.2011 and he was undergone treatment and died on 04.06.2011. Hence, the accused Premnath surrendered before the Revenue Inspector after giving an extra judicial confession statement, he was produced before the concerned Inspector of Police and the investigation is at an early stage. Hence, he prays for dismissal of this application. 4. Considering the rival submission and the fact that the case has been registered under Section 174 Cr.P.C on the death of Sivalingam and during the investigation only, the accused Premnath surrendered and gave a extra judicial confession statement and then only, he was produced before the police station and altered into section 302 IPC and the investigation is going on. The petitioner had illegal intimacy with one Premnath and so that, he was questioned by Sivalingam and hence this occurrence had taken place on 29.05.2011 and the case is based on circumstantial evidence and the investigation is at initial stage. https://hcservices.ecourts.gov.in/hcservices/ Hence, I am not inclined to grant anticipatory bail. Hence, this petition is dismissed. sd/- 03/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE INSPECTOR OF POLICE TUTICORIN SOUTH POLICE STATION, TUTICORIN 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI GH : 08.08.2011 : 2p/3c ORDER IN CRL OP(MD) No.9878 of 2011 Date :03/08/2011 https://hcservices.ecourts.gov.in/hcservices/