BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10340 of 2011 1. NADESAN 2. BASKARASETHUPATHI 3. KARUPPAIYE AMMAL 4. KUMAR ... PETITIONERS/ACCUSED 1 TO 4 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT. (CR.NO.11 OF 2002 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.MURUGAPPAN Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 to A4 and they apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 406 I.P.C., in C.C.No.662 of 2002 on the file of the learned Judicial Magistrate No.VI, Madurai, and hence, seek anticipatory bail. 2. The learned counsel for the petitioner would submit that because of bereavement, they were not able appear before the lower Court and hence, non bailable warrant was issued against the petitioners and hence, prays for enlargement on anticipatory bail. 3. The Additional Public Prosecutor would submit that the matter is in part heard stage and it is posted for examination of I.O. He would further submitted that because of the non appearance of the petitioners, non bailable warrant was issuance against the petitioners on 22.06.2011 and hence, he prays for dismissal of this application. 4. I have considered the rival submissions made by both sides. 5. Considering the facts and circumstances of this case and also considering the fact that due to the non appearance of the petitioners, non bailable warrant was issued against the petitioners on 22.06.2011, I am not inclined to grant anticipatory bail to the petitioners. However, I https://hcservices.ecourts.gov.in/hcservices/ am inclined to direct the petitioners to surrender before the learned Judicial Magistrate No.VI, Madurai, and to file a recall warrant petition and in the event of filing such an application, the learned Judicial Magistrate No.VI, Madurai, is directed to consider the same on the same day and pass orders on merits and in accordance with law. Since the matter is in part-heard stage and it is posted for examination of I.O., the learned Judicial Magistrate VI, Madurai is directed to dispose the case in C.C.No.662 of 2002, within a period of two months from the date of receipt of a copy of this order. With the above direction, this petition is disposed of. sd/- 10/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.MURUGAPPAN Advocate SR.No.27262 SR : 12.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.10340 of 2011 Date :10/08/2011 https://hcservices.ecourts.gov.in/hcservices/