1 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.11371 of 2011 NAGAJOTHI ... PETITIONER/ACCUSED NO.5 Vs STATE REP.BY THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT. CR.NO.243/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.RANJITH 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 petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 324, 307 I.P.C @ 147, 148, 324 and 302 I.P.C., in Crime No.243 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel appearing for the petitioner would submit that the petitioner is arrayed as A5 and a case has been registered against 5 persons for the offence under Sections 147, 148, 324, 307 I.P.C., and altered into Sections 147, 148, 324 and 302 I.P.C. He would further submit that A1 to A4 were already arrested and released on bail. He would further submit that the deceased father and A3 are brothers and they are having 3 sisters regarding to marry the daughter of Balakrishnan to sisters family and there was a dispute, the occurrence has been taken place on 10.06.2011, during the temple festival, there was a wordy quarrel between the Balakrishnan family and Subbiah family and the allegation made against this petitioner is that he pelted with stone and it caused injury on the right eye of the deceased and after taking treatment in the hospital for one day, he died and the investigation is considerably over and he apprehends for arrest and hence, he prays for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned Additional Public Prosecutor (Crl.Side) would submit that the occurrence has been taken place on 10.06.2011 and a case has been registered on the same day and the injured died on the very next day and the case has been altered into Sections 147, 148, 324 and 302 I.P.C., and A1 to A4 were already released on bail and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the occurrence has been taken place on 10.06.2011 and the case has been registered for the offence under Sections 147, 148, 324, 307 I.P.C., I am not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before the concerned District and Sessions Judge to file a petition for bail and the learned District and Sessions Judge is directed to consider the bail application and pass orders on merits in accordance with law as expeditiously as possible. With the above direction, this 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, THENI 2 THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT. 3 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.11371 of 2011 Date :06/09/2011 TR : 09.09.2011: 2P/4C https://hcservices.ecourts.gov.in/hcservices/