BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.RAJESWARAN CRL OP(MD) No.17462 of 2011 RAJAGOPAL : PETITIONER/ACCUSED NO.1 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, TUTICORIN DISTRICT. CRIME NO.368/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : Mr. C.RAMESH 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 174 Cr.P.C. altered into 304(A) of I.P.C. read with TNEB Chapter IV 23(2) F ACt 140 in Crime No.368 of 2011 on the file of the respondent police. He has approached this Court for anticipatory bail under Section 438 of Code of Criminal Procedure. 2. Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the respondent State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner has been falsely implicated in this case. It is also submitted that the petitioner has not connected with the offence and he was not available at the time of occurrence. 4. The learned Additional Public Prosecutor would oppose the grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case and also considering the fact that the petitioner has not even present at the time of occurrence, this court is constrained to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner is directed to be released on bail, in the event of his arrest or on his appearance before the Judicial Magistrate concerned on executing a separate 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 Judicial Magistrate No.II, Kovilpatti, and on further condition that the petitioner shall appear before the Court concerned every day at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, KOVILPATTI 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, TUTICORIN DISTRICT. +1 CC to M/S. G.THALAIMUTHARASU Advocate SR.No.46211 ORDER IN CRL OP(MD) No.17462 of 2011 Date :28/12/2011 NSV/29.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/