BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15741 of 2011 AYYALRAJ ... PETITIONER / ACCUSED 2 Vs STATE REP BY:: THE SUB INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DT.(CR.NO.446 OF 2011) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : MR. K.S. DURAIPANDIAN,ADDITIONAL PUBLIC POROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused 2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 489(B) and 489(C) of IPC, in Crime Number 446 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.The learned counsel for the petitioner would submit in his argument that the petitioner has been ranked as A-2 and he was implicated in the case on the foot of the confession given by the first accused. He would also submit that the petitioner has a previous case. He will not abscond from the clutches of law and therefore, he may be granted anticipatory bail. 4.The learned Additional Public Prosecutor would submit in his argument that the petitioner has got a previous case and the investigation is offing and it is not a case for anticipatory bail and therefore, this anticipatory bail petition may be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the submissions made by both sides, I could see that the petitioner has been implicated on the confession given by the first accused, after arrest and the petitioner has got a previous case already to his credit and it is a serious matter and therefore this Court is not inclined to grant anticipatory bail. 6.At this stage, the learned counsel for the petitioner would submit that the petitioner may be permitted to surrender before the lower court and get appropriate orders. 7.Accordingly, the petitioner is directed to surrender before the trial Court within one week from the date of receipt of a copy of this order and to seek for recalling of Non-Bailable Warrant and the Court concerned is directed to consider the said petition filed by the petitioner for recalling the warrant and pass orders on the same day on merits. 8.With the above observation, this petition is disposed of. sd/- 19/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, SIRIVLLIPUTHUR 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE SUB INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DT. 1. CC to M/S. S.MUNIYANDI Advocate SR.No.44429: DM::2011:DECEMBER:20:: ORDER IN CRL OP(MD) No.15741 of 2011 Date :19/12/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/