BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.10676 of 2011 ARUMUGAM ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP. BY, INSEPCTOR OF POLICE VATHJALAGUNDU POLICE STATION, DINDIGUL DISTRICT. CR.NO.189 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the third accused in Crime No.189 of 2011 on the file of the repondent police. Initially the case has been registered under Sections 341, 294(b), 323, 324, 506(ii) I.P.C., and later on altered into one under Section 302 I.P.C. Apprehending arrest at the hands of the respondent police, the petitioner has come up with this petition, seeking anticipatory bail. 2. According to the case of the prosecution, due to previous motive, all the three accused attacked the deceased, which resulted in the death. In so far as the petitioner is concerned, it is alleged that he caused injuries on the leg of the deceased. 3. The learned counsel appearing for the petitioner would submit that the injury caused by the petitioner is not fatal and therefore, the petitioner is entitled for anticipatory bail. He would further submit that the petitioner has been falsely implicated in this case. 4. In my considered opinion, it is not a case where the petitioner was not present at the scene of occurrence and according to the case of the prosecution, the petitioner caused injury to the deceased on his leg, which means that he shared the common intention with the other accused thereby attract Section 34 I.P.C., and the investigation is still pending. 5. On going through the allegations made against the petitioner and the overt act attributed to the petitioner, this Court is of the view that it is not a fit case to grant anticipatory bail to the petitioner. Therefore, this petition is dismissed. sd/- 11/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE INSEPCTOR OF POLICE VATHALAGUNDU POLICE STATION, DINDIGUL DISTRICT. 2. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.10676 of 2011 Date :11/10/2011 RJ/14.10.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/