1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.7485 of 2011 1 MAHILAN 2 MINOR S.SATHISH REP. BY HIS FATHER SOOSAI 3 MICHAEL ANTO 4 MINOR J.ANANTH ABIR REP. BY HIS FATHER JONE OF ARC 5 T.KARDIN ... PETITIONER / ACCUSED NOS.3 TO 7 Vs THE STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE EATHAMOZHY POLICE STATION, KANYAKUMARI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K. VAMANAN Advocate For Respondent : MR.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/Accused Nos.3 to 7 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 324 and 302 I.P.C., in Crime No.183 of 2010 on the file of the respondent Police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners would submit that the petitioners were arrayed as A3 to A7 in Crime No.183 of 2010 and the alleged occurrence has been taken place on 28.12.2010 at 2.00 p.m., and the wife of the deceased Selvaraj viz., Mariyanayagi has given a complaint at at 1.00 a.m., on the day itself and the case has been registered against A1 to A7 and present petitioners are arrayed as A3 ato A7 and A2 and A4 are juveniles. He would further submit that even though, the case has been registered on 28.12.2010, investigation is considerably over and hence, he prayed for the enlargement on anticipatory bail. 3. The learned appearing for the defacto complainant/intervenor would submit that they have filed Crl.OP(MD)No.7043 of 2011 for change of investigation, since the investigating agency has not shown any interest to investigate the matter and take steps to arrest these accused. He would further submit that after the filing of the said petition only, the petitioners has filed the present application for anticipatory bail and hence, he prayed for the dismissal of the application. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Additional Public Prosecutor would submit that the case has been registered on 28.12.2010 and the charge sheet is yet to be filed and the investigation is going on and hence, he prayed for the dismissal of the application. 5. Considering the rival submissions made on either side, even though the case has been registered on 28.12.2010 at 11 a.m., for the offence under Sections 147, 148, 324 and 307 I.P.C., against 7 persons, it was subsequently altered into one under Sections 147, 148, 324 and 302 I.P.C., the respondents have not shown any interest to investigate the matter and file charge sheet. Hence, considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioners. However, I direct the petitioners to surrender before the Principal District and Sessions Judge, Nagercoil and file application for bail and the learned Principal District and Sessions Judge, Nagercoil, is directed to consider the bail application, if any filed by the petitioner, and pass orders on merits as expeditiously as possible. 6. As far as the petitioners 2 and 4, who are the minors are concerned, no authenticate document has been produced by the learned counsel to prove that they are minors. They filed only the bonafide certificate issued by Udhaya Polytechnic College as well as the Correspondent of Bishop Arockiasamy Higher Secondary School and hence no reliance can be placed. Therefore, the petitioners 2 and 4 are directed to produce the S.S.L.C., Mark list before the learned Principal District and Sessions Judge, Nagercoil, while they surrendered before the said Court. 7. With the above said directions, this Criminal Original petition is disposed of. sd/- 17/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, NAGERCOIL. 2. THE INSPECTOR OF POLICE EATHAMOZHY POLICE STATION, KANYAKUMARI DISTRICT. 3. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.K. VAMANAN Advocate SR. No.28012 ORDER IN CRL OP(MD) No.7485 of 2011 Date :17/08/2011 RJ/18.8.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/