BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.16491 of 2011 SIKKANDAR ... PETITIONER/ACCUSED NO.21 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE TENKASI POLIC STATION, TIRUNELVELI DISTRICT. CRIME NO.461 OF 2007 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.M.A.JINNAH 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 is arrayed as A21 and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341, 307, 302 and 109 I.P.C., in S.C.No.2 of 2010 on the file of the learned Special Judge for Communal Clash Cases, Madurai and hence, seeks anticipatory bail. 2. Heard Mr.S.M.A.Jinnah, the learned counsel appearing for the petitioner and Mr.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner is ranked as A21 in this case and he was aware of the entire proceedings as well as the incident recently and he is an innocent person. He would further submit in his argument that the co-accused viz., A17 was granted anticipatory bail by this Court, who is also in the same footing and therefore, he may be also considered for anticipatory bail. 4. The learned Additional Public Prosecutor would submit in his argument that the case in Crime No.461 of 2007 has been investigated and charge sheet has been filed in S.C.No.2 of 2010 before the learned Special Judge for Communal Clash Cases, Madurai. He would also submit that absconding charge sheet has been filed and Non-bailable Warrant has been issued against the petitioner and it is pending. Therefore, he would request the Court that suitable orders may be passed in the facts and circumstances of this case. 5. Considering the submissions made by both sides, I could see that the Special Court for Communal Clash Cases have taken cognizance of the offence and Non Bailable Warrant has been issued against the petitioner and it is pending. https://hcservices.ecourts.gov.in/hcservices/ 6. In the said circumstances, this Court has no jurisdiction to grant anticipatory bail and it is for the said Court to consider the cancellation of Non-Bailable warrant as well as grant of bail after considering the facts and circumstances the said Court. Therefore, the petitioner is permitted to surrender before the learned Special Judge for communal Clash Cases, Madurai within a period of one month or the next date of hearing, which ever is earlier, and to file necessary applications for cancellation of Non-bailable Warrant as well as the bail petition and in the event of filing such applications, the learned Special Judge for communal Clash Cases, Madurai is directed to consider the such applications including the bail application and pass orders, on the same day, purely on merits and in accordance with law. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 16/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SPECIAL JUDGE, FOR COMMUNAL CLASH CASES, MADURAI. 2 THE INSPECTOR OF POLICE TENKASI POLICE STATION, TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.S.M.A.JINNAH ADVOCATE SR.NO.44090. ORDER IN CRL OP(MD) No.16491 of 2011 Date :16/12/2011 2P/5C RPB : 19.12.2011 https://hcservices.ecourts.gov.in/hcservices/