GURUSWAMY Vs. STATE

JUDGEMENT

(1.) THIS is an application under section 438 of the Code of Criminal Procedure, for grant of anticipatory bail to the petitioners herein in the event of their arrest in connection with Crime No. 59 of 1981 of Ettayapuram Police Station.

(2.) IT is vehemently submitted on behalf of the State that the petitioners have been absconding for a very long time and were not available to the police. IT is also submitted that a similar application filed by the petitioners and another in Crl.M.P. No. 3460 of 1981 was dismissed by this Court on 8th July, 1981. There has been no vital change of circumstances is the submission that eme-nates on behalf of the State by the learned Government Advocate No. III.

(3.) THE learned Government Advocate No. III contends that the deceased was found dead with his hands tied in a well, that the petitioners along with one Saravanan, who was the first petitioner in Crl.M.P. No. 3460 of 1981, were found in the company of the deceased and that the investigation is still pending. It is submitted by the learned Government Advocate No. III that unless the petitioners herein are actually arrested, it is rather difficult to say as to when the charge-sheet can be filed.