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.12686 of 2011 SUBRAMANI ... PETITIONER/5th ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.228/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.G.THALAIMUTHARASU 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, 302, 201 r/w 34 of IPC, in Crime No.228 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The case of the prosecution is that the alleged occurrence has taken place on 19.08.2011. A1 and the deceased were son and father. The complaint has been registered in pursuant to the statement given by A1. As per the said complaint, in view of the wordy quarrel A1 attacked his father, who is deceased. Thereafter, A1 along with others took the deceased to the hospital, who was alive at the time. Since the injury was serious, the hospital authorities directed the A1 to take the deceased to a bigger hospital, further on the day the deceased died. Thereafter A1 along with other accused including the petitioner took the body to a separate place and burnt it. 3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(crl. Side) appearing for the respondent. 4.Considering the facts and circumstances of the case and also considering the above said allegation and this Court does not find that except the petitioner participated in the act of burning the body of the deceased, no overt act is specifically attributed, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Valliyoor, and on 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. https://hcservices.ecourts.gov.in/hcservices/ 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.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.G.THALAIMUTHARASU ADVOCATE SR.NO.33519. ORDER IN CRL OP(MD) No.12686 of 2011 Date :27/09/2011 2P/6C RPB : 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/