1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) Nos.9303 & 9875 of 2011 VAIRAVAN CHETTIAR ... PETITIONER / ACCUSED (RANK NOT KNOWN) IN CRL.OP.9303/2011 K.NIZAM MOHAMMED ... PETITIONER/ACCUSED (A8) IN CRL.OP.9875/2011 Vs STATE REP. BY THE INSPECTOR OF POLICE, S.P.PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT. CR.NO.64 OF 2011 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S. S.DEENADHAYALAN Advocate in Crl.OP.9303/2011 For Petitioner : MR.B.JAMEEL ARASU Advocate in Crl.OP.9875/2011 For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The perusal are accused Nos.7 and 8 in Crime No.64 of 2011 on the file of the respondent police for offence under Section 304-A IPC and Section 5 of the Explosive Act 1908. Apprehending arrest at the hands of the respondent police, the petitioners are before this Court, seeking anticipatory. 2. According to the case of prosecution, the petitioners along with other accused including the deceased went into the sea in a boat for fishing. For the said fishing purpose, they carried gelatin sticks. According to their plan, the gelatin sticks were to be fired and thrown into the sea, so as to make the rare fishes to die and to make fishing easy. But even before fired gelatin sticks thrown into the sea, it explored. As a result, three persons died. On these allegations, the present has been registered. So far as the petitioners are concerned, they were also in the boat. The gelatin sticks were fired only by the first accused. 3. According to the learned counsel appearing for the petitioners, they were in the boat only for fishing purpose along with the deceased. https://hcservices.ecourts.gov.in/hcservices/ 2 4. A perusal of the records would go to show that prima facie there are no materials available making out a strong case against the petitioners, but with stringent conditions. 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, Thiruvadanai and the learned Judicial Magistrate, Pudukottai, Pudukottai District respectively, executing a separate 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, without fail. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. sd/- 11/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, THIRUVADANAI. 2. THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM. 3. THE JUDICIAL MAGISTRATE, PUDUKOTTAI, PUDUKOTTAI DISTRICT. 4. THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI. 5. THE INSPECTOR OF POLICE, S.P.PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT. 6. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. + 1 cc to M/S. S.DEENADHAYALAN Advocate SR. No.35091 + 1 cc to M/S.B.JAMEEL ARASU Advocate SR No.35172 ORDER IN CRL OP(MD)Nos.9303 & 9875 of 2011 Date :11/10/2011 RJ/13.10.11 2p/9c https://hcservices.ecourts.gov.in/hcservices/