BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD)No.13121 of 2011 MURUGESAN :PETITIONER / ACCUSED NO.2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION,DINDIGUL DISTRICT. CR. NO. 516/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. M.RAMU 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 section 307 of I.P.C., in Crime No.516 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under section 307 of I.P.c. He further submitted that the petitioner is arrayed as accused No.2 and he has nothing to do with the commission of the offence and the overt act is only against the wife of this petitioner and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is arrayed as accused No.2. He further submitted that no overt act has been attributed against this petitioner and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and on perusal of records on 23.08.2011, on the basis of the complaint given by the defacto complainant the case has been registered against this petitioner and his wife and the overt act is only against the wife of this petitioner, who was arrayed as A1 and no overt act has been attributed against this petitioner, neither he interfered with the investigation nor absconded from the jurisdiction,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 his arrest or on his appearance before the learned Judicial Magistrate, Kodaikanal 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. 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, the petition for anticipatory bail stands dismissed. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO:1.The Judicial Magistrate, Kodaikanal, Dindigul District. 2.-Do- Thro' The Chief Judicial Magistrate, Dindigul. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Kodaikanal Police Station, Dindigul District. +1CC to M/S. M.RAMU Advocate SR.No.34073. RP/30.09.2011/1P/6C. ORDER IN CRL OP(MD) No.13121 of 2011. https://hcservices.ecourts.gov.in/hcservices/