BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of February Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.2186 of 2011 JAYA ..PETITIONER/SINGLE ACCUSED Vs. STATE REP.BY THE SUB INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.1164/2010 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. G.MARIMUTHU Advocate For Respondent : MR.P.RAJENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 355 and 506(ii), in C.C.No.24 of 2011 on the file of the learned Judicial Magistrate Court, Arupukottai, seeks anticipatory bail. 2. The learned counsel for the petitioner submitted that the petitioner apprehends arrest on the ground of issuance of Non-Bailable Warrant. The learned counsel for the petitioner submitted that due to her illness, she was not able to appear before the trial Court on the date of hearing and as such, Non-Bailable Warrant was issued against the petitioner herein. The learned counsel for the petitioner further submitted that the petitioner has been falsely implicated in this case. 3. Heard the learned Government Advocate (Crl. Side) on the submissions made by the learned counsel for the petitioner. It is submitted by the learned Government Advocate that the Non-Bailable Warrant is pending against the petitioner as the petitioner has not appeared before the trial Court on the date of hearing. 4. I have carefully considered the rival contentions put forward by either side and also perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case and also considering the fact that the petitioner has not appeared before the trial Court on the date of hearing and as such, Non-Bailable Warrant was issued against the petitioner herein, this Court directs that the petitioner shall file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the Judicial Magistrate Court, Arupukottai, and in the event of filing such an application for recalling the warrant, the Judicial Magistrate, Arupukottai, is directed to consider the same and pass orders on merits on the same day and in accordance with law. It is also made clear that the petitioner need not appear in person for filing a petition under Section 70(2) of Cr.P.C. as the Section itself does not contemplate the surrender of a person for recalling the Non-Bailable Warrant. With the above direction, the petition is disposed of. sd/- 22/02/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, ARUPUKOTTAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. +1. CC to M/S. G.MARIMUTHU Advocate SR.No.9466 akm/23.02.11 /2p-6c/ ORDER IN CRL OP(MD) No.2186 of 2011 Date :22/02/2011 https://hcservices.ecourts.gov.in/hcservices/