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.13549 of 2011 MURUGESAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs THE SUB-INSPECTOR OF POLICE KOODANKULAM POLICE STATION CRIME NO.228 OF 2011, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : MR.K.S.DURAIPANDIAY, ADDITIONAL PUBLIC PROSECUTOR, 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.228 of 2011 on the file of the respondent police for the alleged offences punishable under sections 147, 302 201 r/w.34 of the Indian Penal Code, has come up with this petition seeking for anticipatory bail. 2. According to the case of the prosecution, the deceased was the father of the first accused. There is a quarrel between the deceased and the first accused, It is alleged that the first accused attacked the deceased resulting in injuries. Thereafter the first accused has taken him into hospital. The petitioner and other accused helped the first accused to take the deceased to the hospital. In the hospital he succumbed to injuries. Thereafter, it was informed to the police station that the first accused with the help of the petitioner and other accused, burnt the body of the deceased. These are all the allegations against the petitioner. 3. The learned senior counsel appearing for the petitioner submitted that sofar as the petitioner is concerned except being a party to the burning of the body there is no other overt act attributed to him relating to the murder of the deceased. Therefore according to him, the petitioner is entitled for anticipatory bail. 4. It is further submitted that 5th accused namely Subramani in this case has already been granted anticipatory bail by tis Court in Crl.O.P.No.12686 of 2011. 5. I have considered the submissions made on both sides. 6. Perusal of the records would go to show that the petitioner has no role to play in the murder of the deceased he was not even present in the place of occurrence at the time of causing injuries. The only allegation against the petitioner is that he was present at the time of burning. It is needless to say that Section 201 IPC is bailable. But there is an accusation of 34 IPC. In view of the same the learned Senior counsel would pray for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 7. In my considered opinion, since the petitioner has got nothing to do with the murder of the deceased, and on going through the materials on record, it is a fit case for granting anticipatory bail to the petitioner. Hence, I am inclined to grant anticipatory bail to the petitioner with the following conditions. 8. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate Valliyoor, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report the respondent police every day at 10.30 am., for a period of eight weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C Scrupulously. sd/- 12/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE VALLIYOOR 2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3. THE SUB-INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.35378 GH : 14.10.2011 : 2P/6C ORDER IN CRL OP(MD) No.13549 of 2011 Date :12/10/2011 https://hcservices.ecourts.gov.in/hcservices/