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.12130 of 2011 1 GANAPATHY 2 RAMESH ...PETITIONERS/ACCUSED NO. NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DISTRICT IN CRIME NO.226 OF 2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. P.BHASKAR Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) 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 for the alleged offences punishable under Sections 294(b), 323, 506(ii) and 302 of IPC in Crime No.226 of 2011, on the file of the respondent police , the petitioners/Accused have approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard both sides. 3.THe learned counsel appearing for the petitioners would submit that the alleged occurrence has been alleged to be taken place on 25.7.2011 and the case has been registered against three persons on the same day and the petitioner's name have not been mentioned in FIR and they are arrayed as A4 and A5 and they apprehend for arrest and hence, he has come forward with this application and he prays for enlargement on anticipatory bail. 4.The learned Additional Public Prosecutor (Crl.Side) would submit that the alleged occurrence has been taken place on 25.7.2011 and the case has been registered on the same day against three persons and on the basis of Section 164 Cr.P.C. Statement recorded by the learned Magistrate from the defacto complainant, the petitioners were arraed as A4 and A5 and the overt act against A4 is , he caught hold of the deceased and facilitating the accused to murder the deceased and the overt act against A5 is, he instigated the other accused to murder one https://hcservices.ecourts.gov.in/hcservices/ Muthukumar, who is also injured person and investigation is going on and no one was arrested and all were absconded and if the petitioners are enlarged on bail, they will tamper the witnesses and abscond from the jurisdiction and hence, he prays for dismissal of this application. 5.Considering the rival submissions made by both sides, the alleged occurrecne has been taken place on 25.7.2011 and it is true that the case has been registered against three named persons on the same day under various provisions of law and it is also true that the petitioner's name have not been mentioned in FIR and Section 164 Cr.P.C. Statement has been recorded by the Judicial Magistrate from the defacto complainant and in that only, the overt act of the petitioners was mentioned and they are implicated in this case and they are arrayed as A4 and A5 and the overt act against A4 is, he has caught hold of the deceased and facilitated the other accused for commission of offence and the overt act against A5 is, he instigated the accused to murder one injured person namely Muthukumar and in this occurrence, one person was murdered and two persons injured and all the accused were absconded. Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioners. However, at the request of the learned counsel for the petitioner, the petitioners are directed to surrender before the learned Principal District and Sessions Judge, Tirunelveli and to file an application for bail and in the event of filing such an application, the learned Judge is directed to consider the bail application as expeditiously as possible. 6.With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE PRINCIPAL DISTRICT AND SESSIONS JUDGE TIRUNELVELI 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3.THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DIST +1. CC to M/S. P.BHASKAR Advocate SR.No.31603 rl/5c – 19.9.2011 ORDER IN CRL OP(MD) No.12130 of 2011 Date :15/09/2011 https://hcservices.ecourts.gov.in/hcservices/