BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10954 of 2011 1 IRULANDI 2 MARI 3 SHANMUGAVEL 4 SETHURAMAN 5 BOOMINATHAN ...PETITIONERS/ACCUSED 3 TO 7 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT. CRIME NO.54 OF 2010. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.W.PETER RAMESH KUMAR ADVOCATE FOR RESPONDENT : MR.A.RAMAR ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioners/Accused Nos.3 to 7 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 174 altered into 302 IPC in Crime No.54 of 2010 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard both sides. 3. The learned Counsel appearing for the petitioners submits that the petitioners are falsely implicated in Crime No.54 of 2010 registered under Sections 302 IPC. Initially, the case has been registered under Section 174 Cr.P.C and subsequently it has been altered into 302 IPC and the occurrence is taken place on 29.06.2011 and the case has been registered, against the seven persons A1 and A2 were arrested and enlarged on bail and A3 to A7 are apprehending arrest. He further submits that A1 and A2 strangled the deceased and A2 facilitating A1, caught hold the legs and hands for committing murder and the investigation is considerably over and hence, he seeks for anticipatory bail. 4.The learned Additional Public Prosecutor submits that the occurrence is taken place on 29.06.2011 and the case has been registered under Section 174 and subsequently, altered into 302 IPC and A1 and A2 were arrested and enlarged on bail and the investigation is going on and 20 witnesses were examined. He further submits that it is only a retaliation murder as the brother of the deceased was murdered by the son of A1 and hence he prays for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the rival submissions made by both sides, it is clear that on 29.06.2011, the Village Administrative Officer found the body of the lady in the hut of Irulandi and the case has been registered under Section 174 and during the investigation, the case has been altered into Section 302 IPC and the case has been registered against three persons and as per the version of the learned Additional Public Prosecutor, after superimposition DNA report is awaited and since it is a case of retaliation murder and the investigation is going, I am not inclined to grant anticipatory bail to the petitioners. However, I am inclined to direct the petitioners to surrender before the learned District and Sessions Judge concerned and to file the petition the learned District and Sessions Judge is directed to consider the bail application and dispose of the same as expeditiously as possible. With the above direction, the Criminal Original Petition is disposed of. sd/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 2 THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT. +1 CC TO M/S.W.PETER RAMESH KUMAR ADVOCATE SR.NO.30124. ORDER IN CRL OP(MD) No.10954 of 2011 Date :06/09/2011 2P/4C RPB 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/