BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.7598 of 2011 1 ABUTHAKEER 2 RAJA MOHAMED 3 DAWOOD KANI @ SIDDIQ ... PETITIONERS / ACCUSED NO.2,3 & 4 Vs 1 THE STATE THROUGH THE INSPECTOR OF POLICE SELLUR POLICE STATION,MADURAI. IN CR.NO.3108 OF 2009. 2 THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, MADURAI. ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S. S.M.A. JINNAH Advocate For Respondent : M/S. M/S. A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 302 of I.P.C., in Crime No.3108 of 2009 on the file of the respondent police and hence, seek anticipatory bail. 2. The case of the prosecution is that on 07.12.2009 at about 2.00 p.m., while the deceased was proceeding in the bike along with his brother, they were stopped by all the accused and the first petitioner and A1 stabbed the deceased on both sides of the ribs with knives. Immediately the deceased was admitted in the hospital, where he died on 09.12.2009. 3. The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 to A4. He further submitted that because of the difference of opinion between the petitioners and the police people, the petitioners have been falsely implicated in this case and therefore, they have filed a petition in Crl.OP.No.3258 of 2010 for change of investigation, wherein, a direction has been given, not to file the charge sheet. He further submitted that even though a direction has been given not to file the charge sheet, charge sheet has been filed against the petitioners under Section 302 https://hcservices.ecourts.gov.in/hcservices/ I.P.C. and hence, he prays for enlargement on anticipatory bail. 4. The learned Additional Public Prosecutor would submit that after the investigation, charge sheet has been filed, which was not taken on file. He further submitted that this is a case of murder and hence, he prays for dismissal of this application. 5. Considering the rival submissions made by both sides and also considering the fact that this is a case of murder, I am not inclined to grant anticipatory bail to the petitioners. However, I am inclined to direct the petitioners to surrender before the learned District and Sessions Judge, Madurai and to file a petition for bil and in the event of filing such an application, the learned Judge is directed to consider the same as expeditiously as possible and pass orders on merits and in accordance with law. 6. With the above direction, this petition is disposed of. sd/- 09/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT AND SESSIONS JUDGE, MADURAI 2 -DO-THRO' THE PRINCIPAL SESSIONS JUDGE MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI. 5 THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH,MADURAI. +1. CC to M/S. S.M.A. JINNAH Advocate SR.No.30820 ORDER IN CRL OP(MD) No.7598 of 2011 Date :09/09/2011 SMA/13.9.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/