1 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.16691 of 2011 N. THANGARAJ ... PETITIONER / ACCUSED NO.2 Vs STATE, REP. BY THE INSPECTOR OF POLICE APPANTHIRUPPATHI POLICE STATION, CR NO. 584/2011, MADURAI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/.S K.DHANASEKARAN 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 arrayed as A-2 and he prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offence punishable under Section 379 I.P.C. in Crime No.584 of 2011, on the file of the respondent-police. 2. Heard Mr.K.Dhanasekaran, the learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument the petitioner is an innocent person and he has been falsely implicated in this case. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner is said to have committed theft of battery worth about Rs.50,000/-. He further submitted that the property has been recovered. He would further submit that the petitioner is having two previous cases. 5. I have considered the above submissions. 6. Considering the submissions made by both sides, this Court could see that the petitioner has been implicated in this case on the allegation of committing theft of battery worth about Rs.50,000/- and the petitioner is having two more cases to his credit. In view of the above said fact, 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 No.II, Madurai and to file a https://hcservices.ecourts.gov.in/hcservices/ 2 petition for bail and in the event of filing such an application, the learned Magistrate is directed to consider the same and to pass orders on the same day on merits and in accordance with law. 7. With the above observations, this petition is disposed of. sd/- 21/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, MADURAI. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE INSPECTOR OF POLICE APPANTHIRUPPATHI POLICE STATION, MADURAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/.S K.DHANASEKARAN Advocate SR. No.44882 ORDER IN CRL OP(MD) No.16691 of 2011 Date :21/12/2011 RJ/22.12.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/