BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16292 of 2011 1 K. SEKAR 2 M. MARUTHAKASI 3 K. SUNDARAPANDIAN 4 K.MANICKA RAJ 5 M. MUTHUKRISHNAN ... PETITIONERS/ACCUSED NOS.42 TO 45 AND 48 Vs STATE REP.BY, THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI, CR NO. 800/2001 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.PALANISAMY 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 petitioners/accused Nos.42 to 45 and 48 prays for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 143, 341, 188 IPC and 7(1) (a) C.L.A. Act, in C.C.No.342 of 2002, on the file of the learned Judicial Magistrate No.VI, Madurai. 2. Heard Mr.A.Palanisamy, learned counsel appearing for the petitioners and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3. Considering the arguments advanced by both sides, this Court could understand that the petitioners were originally granted bail and they have not appeared for only one hearing before the trial Court and for which non-bailable warrant was issued against them. It is a settled law that when the trial has commenced, the matter of jurisdiction of granting anticipatory bail will not arise for this Court. In these circumstances, the way open to the petitioners are to surrender before the trial court and to seek cancellation of non- https://hcservices.ecourts.gov.in/hcservices/ bailable warrant at the hands of the trial Court. Hence, this Court finds that the anticipatory bail application filed by the petitioners are not maintainable. However, the petitioners are at liberty to surrender before the learned Judicial Magistrate No.VI, Madurai within a period of fifteen days from the date of receipt of a copy of this order and to seek for cancellation of non-bailable warrant. On such occasion, the learned Judicial Magistrate concerned is directed to consider the same on the same day on merits. 4. With the above said observations, this petition is disposed of. Sd/- 14/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI 2 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI, 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. A.PALANISAMY Advocate SR.No.43792 ssk/16.12.2011 /5c -2p/- ORDER IN CRL OP(MD) No.16292 of 2011 Date :14/12/2011 https://hcservices.ecourts.gov.in/hcservices/