BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Twenty Fifth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD)No.15389 of 2011 M. SELVAM :PETITIONER / ACCUSED NO.4 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, KUMBAKONAM POLICE STATION, THANJAVUR DISTRICT. CR NO. 605/2003 :RESPONDENT / COMPLAINANT For Petitioner : M/S. C.BETHANASAMY Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner/accused No.4 prays for grant of anticipatory bail under Section 438 Cr.P.C. for the alleged offences punishable under Sections 341, 323, 294(b), 307 of IPC., in Crime No.605 of 2003, on the file of the respondent-police. 2. Heard the learned counsel appearing for the petitioner and also the learned Additional Public Prosecutor appearing for the State. 3. Considering the arguments advanced by both sides, this Court could understand that the petitioner has not appeared for only one hearing before the trial Court, for which non-bailable warrant was issued against him. 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 petitioner is to surrender before the trial Court and to seek cancellation of non-bailable warrant at the hands of the trial Court. Hence, this Court finds that the anticipatory bail application filed by the petitioner is not maintainable. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate, Kumbakonam, within a period of one week 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, Kumbakonam is directed to consider the same on the same day on merits. 4. With the above said directions, this Petition is disposed. sd/- 25/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate, Kumbakonam, Thanjavur District. 2.-Do- Thro' The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Kumbakonam Police Station, Thanjavur District. +1. CC to M/S. C.BETHANASAMY Advocate SR.No.41928. RP/29.11.2011/1P/6C. ORDER IN CRL OP(MD) No.15389 of 2011,Date :25/11/2011 https://hcservices.ecourts.gov.in/hcservices/