BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of January Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.223 of 2011 THALAVAI MUTHU ... PETITIONER/ACCUSED(SINGLE) Vs STATE REP.BY, THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT. CR.NO.62 OF 2009. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MR.P.RAJENDRAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused and he prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Section 379 r/w 302 and subsequently charge sheeted for the offences under Section 302 and 201 I.P.C. in Crime No.62 of 2009, on the file of the respondent-police. 2. Heard Mr.R.Anand, the learned counsel appearing for the petitioner and Mr.P.Rajendran, learned Government Advocate (Criminal side) appearing for the State. 3. The case of the prosecution is that on the date f occurrence, due to the previous enmity, the petitioner is said to have assaulted his wife, as a result of which she had succumbed to injuries. 4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. 5. The learned Government Advocate (Crl.Side) would submit that the investigation is offing. 6. Considering the facts and circumstances of the case and this Court is not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before https://hcservices.ecourts.gov.in/hcservices/ the learned Principal District and Sessions Judge, Tirunelveli, Tirunelveli District and to file a petition for bail before the learned District Judge and in the event of filing such an application, the learned District Judge is directed to consider the same and pass orders on merits and in accordance with law. 7. With the above observations, this petition is disposed of. Sd/- 10/01/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI 2 THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT. 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. R.ANAND Advocate SR.No.1053 ssk/11.01.2011 /5c -2p/- ORDER IN CRL OP(MD) No.223 of 2011 Date :10/01/2011 https://hcservices.ecourts.gov.in/hcservices/