1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of March Two Thousand Ten PRESENT The Hon`ble Mr.Justice G.M. AKBAR ALI CRL OP(MD) No.3052 of 2010 CHINNAPANDI :PETITIONER /3rd ACCUSED Vs STATE: INSPECTOR OF POLICE, WEST POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT. CR.NO.388/1997. :RESPONDENT / COMPLAINANT For Petitioner : M/S. B.RAJESH SARAVANAN, Advocate For Respondent : M/S. S.MUTHU VENKATESAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 3 & 4 of T.N.P.P.D.L. Act, in S.C.No.161 of 1998, on the file of the learned (*)Principal Sessions Judge, Tuticorin seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and also the learned Government Advocate (Criminal side) appearing for the State. 3.According to the submission made by the learned counsel appearing for the petitioner, the petitioner could not appear before the lower Court on one occasion. Hence, non-bailable warrant was issued against him and he was regularly appearing before the said Court and therefore, non-bailable warrant issued against him may be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned Government (crl.side) would submit in his argument that the petitioner cannot file anticipatory bail application against the order of non-bailable warrant pending against him, which is not sustainable in law. 5.Considering the facts and circumstances of the case, non-bailable warrant was issued by the learned (*)Principal Sessions Judge, Tuticorin, 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, this Court directs the lower Court to consider the petition to be filed by the petitioner for canceling the non-bailable warrant, within a period of fifteen days from today and if filed to dispose of the same on merits on the same day. 6. With the above direction, this petition is closed. sd/- 19/03/2010 (*)Amended as per the orders of the Hon'ble Curt made in MP(MD)No.1/10 in Crl OP(MD)No.3052/10 vide orders dated 5.4.2010. / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: To be substituted order already despatched. 1 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 2 (*)THE PRINCIPAL SESSIONS JUDGE, TUTICORIN. 3 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, WEST POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT. +1. CC to M/S. B.RAJESH SARAVANAN Advocate SR.No.13089. ORDER IN CRL OP(MD) No.3052/10 Date :19/03/2010 SMA/22.03.2010/5C/2P RP/09.04.2010/2P/6C. https://hcservices.ecourts.gov.in/hcservices/