BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11863 of 2011 ARUN @ ARUL ...PETITIONER/2ND ACCUSED Vs STATE REP BY THE INSPECTOR OF PLICE KOODEMKULAM POLICE STATION TIRUNELVELI DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.R.SREENIVASAN Advocate For Respondent : Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 397 and 506(ii) of IPC in S.C.No.91 of 2009, on the file of the learned Assistant Sessions Judge cum Sub Judge, Valliyoor the petitioner/2nd Accused has approcahed this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard both sides. 3.The learned counsel appearing for the petitioner would submit that the petitioner apprehend for arrest for the execution of Non Bailable Warrant which was issued for his non appearance on 26.8.2009. He further submitted that due to an accident he fell down from a building and sustained fracture injury and therefore, he was not able to appear before the Court and hence, he has come forward with this application for anticipatory bail. 4. Heard the learned Additional Public Prosecutor (Crl.SIe) . He submits that Non Bailable Warrant has been issued on 26.8.2009 and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 5.Conasidering the rival submissions made by both sides, when the matter was called on 26.8.2009, the petitoner has not appeared before the Court and Non Bailable Warrant has been issued . Even though the learned counsel for the petitioner stated that while the petitoner working at Kerala, he fell down and he was unable to move, no document has been filed to that effect. Hence, I am not inclined to grant anticipatory bail to the petitioner. However, at the request of the learned counsel for the petitioner, the petitioner is directed to surrender before the learned Assistant Sessions Judge, Valliyoor and to file a re-call petiton and in the event of filing such an application, the learned Judge, is directed to consider the said application on the same day on merits. 6.With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE ASSISTANT SESSIONS JUDGE CUM SUBORDINATE JUDGE, VALLIYOOR 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3.THE INSPECTOR OF PLICE KOODEMKULAM POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. M.R.SREENIVASAN Advocate SR.No.30565 rl/5 c- 13.9.2011 ORDER IN CRL OP(MD) No.11863 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/