BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15210 of 2011 1. SUBBAIAH 2. JOHN 3. BALAMURUGAN 4. MOORTHY ... PETITIONER/ACCUSED Nos.4 to 7 Vs SUB INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, CR.NO. 245 OF 2011, TIRUNELVELI DIST ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : MR.K.S.DURAIPANDIAN, 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 for the alleged offences punishable under Sections 287, 337, 304(A) of IPC r/w.379 IPC in Crime No.245 of 2011 on the file of the respondent police, the petitioners have approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the state. 3. According to the submission of the learned counsel for the petitioners, the petitioners are ranked as A-4 to A-7 for the offences punishable under Sections 287, 337, 304(A) of IPC r/s.379 IPC. He would further submit in his argument that the petitioners are co-workers along with the deceased person who died due to the sand slip, when they were excavating the sand. He would further submit that there is no intention on the petitioners to commit the offence as contemplated in the complaint. He would also submit that the petitioners are mere coolie workers and they are ready to abide any conditions likely to be imposed. 4. The learned Additional Public Prosecutor would submit in his argument that considering the facts and circumstances of the case, suitable orders may be passed. 5. Considering the submission made by both sides. I could see that the petitioners are only coolie workers who worked along with the deceased person who died due to the and slip in the said accident and there is no serious offence said to have been committed by the petitioners. Therefore, this Court is inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the concerned https://hcservices.ecourts.gov.in/hcservices/ Judicial Magistrate and on executing a bond with two sureties for Rs.10,000/- (Rupees Ten thousand only) to the satisfaction of the learned Judicial Magistrate Sankarankovil and on further condition that the petitioners shall appear before the respondent police as and when required. The petitioners shall appear before the concerned Magistrate within a period of 15 days failing which, the anticipatory bail granted shall stand automatically cancelled. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 23/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, SANKARANKOVIL 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3. SUB INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DIST 4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.41065 GH : 25.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.15210 of 2011 Date :23/11/2011 https://hcservices.ecourts.gov.in/hcservices/