BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14892 of 2011 1. HAROON RASHEED 2. SAMSUL HUDHA : PETITIONERS/ACCUSED NO.2 & 3 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT. : RESPONDENT/COMPLAINANT For Petitioner : M/S. M.AJMAL KHAN Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor For Intervenor : M/S. S.DEENADHAYALAN Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent/police for the alleged offence punishable under Sections 406, 417, 420 and 506(ii) I.P.C r/w Section 34 I.P.C in C.C.No.145 of 2008 on the file of the learned Judicial Magistrate No.I, Kuzhithalai, seek anticipatory bail. 2. Heard Mr.M.Ajmal Khan, learned counsel appearing for the petitioner and also Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State and Mr.S.Deenadhayalan, learned counsel for the intervenor. 3. According to the submission made by the learned counsel appearing for the petitioners, the petitioners could not appear before the lower Court on 03.10.2011, due to ill-health and their counsel did not file a petition for condonation of his absence. https://hcservices.ecourts.gov.in/hcservices/ Hence, non-bailable warrant was issued against them and they were regularly appearing before the said Court and therefore, non-bailable warrant issued against him may be set aside. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioners cannot file anticipatory bail application against the order of non-bailable warrant pending against them, which is not sustainable in law. 5. Considering the facts and circumstances of the case, non- bailable warrant was issued by the learned Judicial Magistrate No.I, Kulithalai and the lower Court had seized the entire matter and therefore, this Court has no jurisdiction, as per the dictum laid down by the Hon'ble Apex Court, to pass an order of anticipatory bail. However, while dismissing the petition, this Court directs the lower Court to consider the petition to be filed by the petitioners for cancelling the non-bailable warrant, within a period of one week from the date of receipt of a copy of this order and if filed to dispose of the same on merits on the same day. 6. With the above direction, this petition is dismissed. Sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, KULITHALAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT. +1 CC to M/S. M.AJMAL KHAN Advocate SR.No.40462 ORDER IN CRL OP(MD) No.14892 of 2011 Date :17/11/2011 NSV/21.11.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/