BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.12918 of 2011 1 A.SELVA PERUMAL 2 A.ANNAMALAI ... PETITIONERS/PETITIONERS /ACCUSED 3 & 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.267 OF 2011. ... RESPONDENT/RESPONDENT/COMPLAINANT For Petitioner : M/S. P.NATARAJAN Advocate For Respondent : MR.K.S.DURAIPANDI, Addl.Public Prosecutor(Crl.Side) 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, the petitioners, who are the accused Nos.3 and 4 in Crime No.267 of 2011 on the file of the respondent police for the alleged offence punishable under Section 306 of I.P.C., have come forward with this petition seeking anticipatory bail. 2. According to the case of prosecution, the deceased in this case was the wife of the first accused. Incidentally, she was the second wife. The first wife pre-deceased. Due to persistent quarrels between the first accused and deceased, she committed suicide. 3. The learned counsel for the petitioners would submit that the petitioners are the brothers of the first accused and they have got nothing with to do with the quarrel between the deceased and first accused. The first accused was arrested and released on bail. Sofar as these petitioners are concerned, earlier an application was filed in Crl.O.P.No.11671 of 2011 and that was dismissed on 06.09.2011. By this time, investigation would have been over. Therefore, they have moved this second application for anticipatory bail. 4. I have considered the above submissions. From the records, it is clear that the quarrel was between the first accused and deceased. These persons are only the brothers of the first accused. Apart from that, there is no other specific overt act as of now available with these petitioners. The investigation would have made substantial progress by this time. Considering the fact that the first accused was arrested and released on bail, I am inclined to grant anticipatory bail to the petitioners with the following conditions. https://hcservices.ecourts.gov.in/hcservices/ 5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Cheranmahadevi, on each executing a 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police every day at 10.30 a.m. for a period of eight weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. Sd/- 28/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE CHERANMAHADEVI 2 THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2cc to M/S. P.NATARAJAN Advocate SR.No.36852 ssk/29.10.2011 /6c -2p/- ORDER IN CRL OP(MD) No.12918 of 2011 Date :28/10/2011 https://hcservices.ecourts.gov.in/hcservices/