BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13437 of 2011 UTHIRAKANI : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT. CR.NO.474 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. C.T.PERUMAL Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor 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 for offences under Sections 174 Cr.P.C. altered into 302 I.P.C., in Crime No.474 of 2011, the petitioner has come up with this petition seeking anticipatory bail. 2. According to the case of the prosecution, the deceased was the brother of the petitioner. The petitioner is the second accused in this case. It is the case of prosecution that the first accused had illicit intimacy with the petitioner. This was stoutly opposed by the deceased. Enraged over the same, it is stated that the first accused attacked the deceased with hands and legs. This occurrence took place on 27.05.2011. Subsequently on 04.06.2011, the deceased died due to the injuries. Initially this case has been registered under Section 174 Cr.P.C. and subsequently it has been altered into one under Section 302 I.P.C. so far as this petitioner is concerned, she was neither present at the time of occurrence nor had any other overt act. 3. The learned Counsel for the petitioner would submit that the petitioner has been falsely implicated and she has not committed any crime. https://hcservices.ecourts.gov.in/hcservices/ 4. When a subsequent query was made to the learned Additional Public Prosecutor that the petitioner was not present at the time of occurrence, according to the allegation except stating that she had illicit intimacy with the first accused, which was opposed to by the deceased, there is no other overt act attributed to her. 5. In such view of the matter, I am inclined to grant anticipatory bail to the petitioner, but with conditions. 6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Tuticorin, on 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 04/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, TUTICORIN. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI DISTRICT. +1 CC to M/S. C.T.PERUMAL Advocate SR.No.38175 ORDER IN CRL OP(MD) No.13437 of 2011 Date :04/11/2011 NSV/8.11.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/