BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12401 of 2011 RAMACHANDRAN ... PETITIONER / ACCUSED 1 Vs STATE REP BY:: THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT. ( CR.NO.2 OF 2011 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. P.SENGUTTUARASAN Advocate For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498-A, 406, 109 and 506(ii) I.P.C. and Section 4 of Dowry Prohibition Act, in C.C.No.212 of 2011 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is daily coolie worker and due to their livelihood, he went to other state for contractual employment works and hence, he could not appear before the trial Court on 05.08.2011 and therefore, non bailable warrant has been issued against the petitioner on 05.08.2011 and hence, he prays for enlargement on anticipatory bail. 3. The Additional Public Prosecutor would submit because of the non appearance of the petitioner, non bailable warrant has been issued and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 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 for the petitioner non bailable warrant was issued against the petitioner, I am 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, Srivilliputhur, and to file a warrant recall petition before the learned Judicial Magistrate No.II, Srivilliputhur and in the event of filing such an application, the learned Judicial Magistrate No.II, Srivilliputhur is directed to consider the same on the same day and pass orders on merits and in accordance with law. With the above direction, the petition is disposed of. sd/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, SIRIVILLIPUTHUR 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT. 1. CC to M/S. P.SENGUTTUARASAN Advocate SR.No.32295: DM::2011:SEPTEMBER:20:: ORDER IN CRL OP(MD) No.12401 of 2011 Date :19/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/