1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12678 of 2011 R. NANTHAKUMAR ... PETITIONER/ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.THIRUVARUTSELVAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 166, 294(b) and 506(ii) IPC in (*)C.C.No.22 of 2007 on the file of the learned Chief Judicial Magistrate, Theni and hence, seeks anticipatory bail. 2. The learned counsel appearing for the petitioner would submit that on the basis of private complaint given by one Pothuraj against the petitioner which was taken on file under Sections 166, 294(b) and 506(ii) IPC the petitioner is arrayed as A2 in (*)C.C.No.22 of 2007 and because of his non appearance due to boycott, Non Bailable Warrant has been issued on 03.07.2008 and he apprehend for arrest and hence, he come forward with this application for anticipatory bail. 3.Heard the learned Additional Public Prosecutor. 4. Considering the rival submissions made on both sides, it is seen that because of his non appearance of the petitioner the Non Bailable Warrant has been issued on 03.07.2008 in(*) C.C.No.22 of 2007 and it was pending for the past three years, I am not inclined to grant anticipatory bail to the petitioner. However, at the request of the learned for the Counsel for the petitioner, the petitioner is directed to surrender himself before the learned Chief Judicial Magistrate, Theni, and to file an application for re-call warrant and in the event https://hcservices.ecourts.gov.in/hcservices/ 2 of filing such an application, the learned Chief Judicial Magistrate, Theni, is directed to consider the application on the same day, since the matter is in the year of 2008 and hence the learned Chief Judicial Magistrate, Theni, is directed to dispose the same within a period of six months and pass orders in accordance with law. 5. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 22/09/2011 (*)Amended as per the order of Hon'ble Court made in MP(MD)No.1/11 in Crl.OP.(MD)No.12678/11 vide its order dt.21.12.2011 by VPKJ / TRUE COPY / Sub-Assistant Registrar (C.S.) TO To be Substituted for the order already despatched 1 THE CHIEF JUDICIAL MAGISTRATE, THENI. 2 THE INSPECTOR OF POLICE, UTHAMAPALAYAM POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12678 of 2011 Date :22/09/2011 PA/27.09.2011/2P/5C SMA/27.12.2011/4C/2P(Amended) https://hcservices.ecourts.gov.in/hcservices/