BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16240 of 2011 VANDU MURUGAN @ MURUGAN ... PETITIONER/ACCUSED NO.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THALAYUTHU POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT. CRIME NO.539 OF 2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.A.THIRUVADI KUMAR ADVOCATE FOR RESPONDENT : MR.K.S.DURAIPANDIAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL UNDER SEC.438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences under Sections 427 and 153-A I.P.C., in Crime No.539 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.Heard Mr.A.Thiruvadi Kumar, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the respondent State. 3.According to the submission of the learned counsel for the petitioner, the petitioner has not connected with the alleged offence of damaging the photographs of Immanuel Sekaran and Sundaralinganar. He would further submit that the petitioner has been implicated on the basis of the confession given by the co-accused, even though, he belongs of the same community. He would further submit that the petitioner may be granted anticipatory bail and he would ready to obey any conditions. 4.The learned Additional Public Prosecutor would submit in his argument that the petitioner is also one of the accused and he caused damages to the photographs of Immanuel Sekaran and Sundaralinganar and that the investigation is pending. Therefore, if for any reason, the petitioner is released on bail, suitable conditions may be imposed. 5.Considering the submissions made by both sides, this Court could see that the petitioner is implicated in the offence on the basis of the confession given by the co-accused, who was arrested and released on bail. In the said circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate No.III, Tirunelveli and to file an application for bail and in the event of filing said an application, the learned Judicial Magistrate No.III, https://hcservices.ecourts.gov.in/hcservices/ Tirunelveli is directed to consider the bail application and pass orders, on the same day, purely on merits and in accordance with law. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, THALAYUTHU POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.A.THIRUVADI KUMAR, ADVOCATE SR.NO.43450. ORDER IN CRL OP(MD) No.16240 of 2011 Date :13/12/2011 2P/6C RPB : 14.12.2011 https://hcservices.ecourts.gov.in/hcservices/