BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Twenty Sixth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD)No.11326 of 2011 GALEEL RAHMAN @ NAINAR :PETITIONER / ACCUSED NO.4 -Vs- THE STE REP. BY THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI CITY.CR.NO.330/09:RESPONDENT / COMPLAINANT For Petitioner : M/S. M.AJMAL KHAN Advocate For Respondent : MR.A.RAMAR, 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 A4 and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294 (b), 427, 448, 506(i) r/w 34 I.P.C., in C.C.No.644 of 2011 on the file of the learned Judicial Magistrate No.VI, Madurai, and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that a case has been registered against the petitioner in Crime No.330 of 2009 under Sections 294(b), 427, 448, 506(i) r/w 34 I.P.C., which was taken on file in C.C.No.644 of 2011 before the learned Judicial Magistrate No.VI, Madurai He further submitted that because of the non appearance of the petitioner, non bailable warrant was issued against the petitioner and hence, he prays for enlargement on anticipatory bail. 3.Heard the learned Additional Public Prosecutor. 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 because of the non appearance of the petitioner, non bailable warrant was issued 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 No.VI, Madurai, and to file a warrant recall petition and in the event of filing such an application, the learned Magistrate is directed to consider the same on the same day and pass orders on merits and in accordance with law. With the above direction, the petition is disposed of. sd/- 26/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:VI, Madurai. 2.-Do- Thro' The Chief Judicial Magistrate, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, K.Pudur Police Station, Madurai City. +1CC to M/S. M.AJMAL KHAN Advocate SR.No.29513. RP/30.08.2011/1P/6C. ORDER IN CRL OP(MD) No.11326 of 2011 Date :26/08/2011. https://hcservices.ecourts.gov.in/hcservices/