BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16811 of 2011 SINGARAVELU ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY. THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DT, CR NO. 334/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. P.MUTHUSAMY Advocate For Respondent : M/S.K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is sole accused and he prayed for grant of anticipatory bail under Section 438 Cr.P.C. for the alleged offences punishable under Sections 174 Cr.P.C. and altered into 306 of I.P.C., in Crime No.334 of 2011, on the file of the respondent-police. 2. Heard Mr.P.Muthusamy, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the submission of the learned counsel for the petitioner that the petitioner is the husband of the deceased woman. He would also submit that the FIR has been launched on the complaint given by the victim's father, who had stated in the complaint that the victim has committed suicide, since she could not manage the stomach pain and therefore she committed suicide and further it has been stated in the another complaint by saying that the petitioner has instigated the deceased woman for her illicit illegal intimacy with some other person> He would further submit that the petitioner has not committed any offence and he is innocent person and two children, born to the victim and the petitioner, are living with the petitioner and prays for anticipatory bail in favour of the petitioner. 4. The learned Additional Public Prosecutor would submit in his argument that the investigation is pending and further statement is recorded to correct the mistake committed by the defacto complainant in the complaint and the petitioner is caused for the commission of the suicide by the victim and therefore, no question of granting https://hcservices.ecourts.gov.in/hcservices/ anticipatory bail to the petitioner. 5. Considering the submissions made by both sides, I could see that even though the complaint given by the defacto complainant would state that the victim has committed suicide due to her stomach pain, subsequently, further statement has obtained, the cause of death has been changed by abutment to commit suicide has been committed by the petitioner, investigation is still pending and also considering the fact that this Court is not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before the learned Judicial Magistrate, Sivagiri and to file a petition for bail before the learned Magistrate and in the event of filing such an application, the learned Magistrate is directed to consider the same and pass orders on the same day on merits and in accordance with law. 6. With the above observations, this petition is disposed of. sd/- 21/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE SIVAGIRI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DT +1. CC to M/S. P.MUTHUSAMY Advocate SR.No.45268 ORDER IN CRL OP(MD) No.16811 of 2011 Date :21/12/2011 SMA/23.12.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/