1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8698 of 2011 THIRUMAGAN ... PETITIONER/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI DISTRICT. CR.NO. 95/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.MAYIL VAHANA RAJENDRAN 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/Accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 302 of IPC in crime NO.95 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under Section 302 of IPC and the petitioner's name is not mentioned and a case has been registered against unknown persons and on the basis of the confession given by other accused only, the petitioner has implicated and in that confession, it is stated that at the instigation of the petitioner, they committed murder and the other accused were already arrested and enlarged on bail and he apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.side) would submit that it is a 302 IPC case and investigation is going on and charge sheet is yet to be filed and he also prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides, it could be seen that the allEged occurrence has been taken place on 21.05.2011 at 6.15 a.m and the complaint has been given by brother of the deceased and at the time of the registration, none of the accused name has been mentioned and since, the case has been based on circumstantial evidence and on the basis of the confession given by A1, the petitioner has been implicated. The confession given by A1 revealed that at the instigation of the petitioner the alleged occurrence has been taken place. Considering the gravity and nature of the offence, I am not inclined tog rant anticipatory bail to the petitioner and I am inclined to direct the petitioner to surrender before the District Judge and filed an application for bail and the concerned Judge is directed to consider his bail application as expeditiously as possible. 5.With the above direction, this petition is disposed of. sd/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE PRINCIPAL DISTRICT JUDGE, MADURAI 2 THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI DISTRICT 3 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. C.MAYIL VAHANA RAJENDRAN Advocate SR.No27304 ORDER IN CRL OP(MD) No.8698 of 2011 Date :11/08/2011 TR : 16.08.2011 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/