BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of August Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) No.10947 of 2011 SUBRAMANIAN ... PETITIONER/ACCUSED - 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.164/2009 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A4 and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C., in C.C.No.538 of 2009 on the file of the learned Judicial Magistrate, Valliyur, and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the commission of offence. He would further submit that non bailable warrant has been pending against the petitioner and hence, he prayed for the enlargement on bail. 3. The learned Additional Government Pleader would submit that non bailable warrant has been pending against the petitioner and hence, he prayed for the dismissal of the application. 4. I have considered the rival submissions made by both sides. 5. Considering the facts and circumstances of this case and also considering the fact that the non bailable warrant is pending against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before the learned Judicial Magistrate, Valliyur, and to https://hcservices.ecourts.gov.in/hcservices/ file a warrant recall petition before the learned Judicial Magistrate, Valliyur and in the event of filing such an application, the learned Magistrate is directed to consider the same and pass orders on the same day on merits and in accordance with law. With the above direction, the petition is disposed of. Sd/- 22/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE VALLIYUR 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 THE INSPECTOR OF POLICE PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. G.THALAIMUTHARASU Advocate SR.No.28789 ssk/30.08.2011 /6c -2p/- ORDER IN CRL OP(MD) No.10947 of 2011 Date :22/08/2011 https://hcservices.ecourts.gov.in/hcservices/