BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH CRL OP(MD) No.12886 of 2011 HARIBALAKRISHNAN ... PETITIONER / ACCUSED NO.2 Vs STATE REP. BY INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DT CR NO. 298/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.MARI MUTHU Advocate For Respondent : M/S A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A2 and he apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) I.P.C., which has been altered into Section 302 I.P.C., in Crime No.298 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that A1 asked the deceased to sell certain bird partridge since the deceased has refused for the same, A1 abused him in filthy language and threatened to kill him and pushed down the deceased, the deceased fell into the ditch nearby, after taking treatment he died. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State. 4.On perusal of the complaint made in Crime No.298 of 2011, this Court does not find any specific overt act attributed to the petitioner herein. It is seen from the said complaint itself, A1 who pushed the deceased resulting his death. It is further submitted that A1 has already been arrested and enlarged on bail. In such view of the matter, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Sattur and on executing a personal 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 Magistrate concerned and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m until further orders and thereafter as and https://hcservices.ecourts.gov.in/hcservices/ when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 27/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II SATTUR 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DT +1. CC to M/S. G.MARI MUTHU Advocate SR.No.33471 ORDER IN CRL OP(MD) No.12886 of 2011 Date :27/09/2011 SMA/29.9.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/