1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15415 of 2011 1.PONNUSAMY 2.PALANIAMMAL 3.BAKIYARAJ 4.KAVITHA 5.AKSHMI 6.PALANIAPPAN ... PETITIONERS/ACCUSED NO.1 TO 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT, CRIME NO.2 OF 2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. HALLMARK ASSOCIATES Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused Nos. 1 to 6 pray for grant of anticipatory bail under Section 438 Cr.P.C for the alleged offences punishable under Sections 498(A), 506(i) of IPC, in Crime No.2 of 2010, on the file of the respondent police. 2.Heard the learned counsel appearing for the petitioners and also the learned Additional Public Prosecutor appearing for the State. 3.Considering the arguments advanced by both sides, this Court could understand that the charge sheet has been filed in C.C.No.237 of 2011 on the file of the learned Judicial Magistrate, Manaparai on 04.10.2011 and the Non-bailable warrant has been issued against the petitioners on 10.10.2011. It is a settled law that when the trial has commenced, the matter of jurisdiction of grant anticipatory bail will not arise for this Court. In these circumstances, the way open to the petitioners are to https://hcservices.ecourts.gov.in/hcservices/ 2 surrender before the trial Court and to seek cancellation of non-bailable warrant at the hands of the trial Court. Hence, this Court finds that the anticipatory bail application filed by the petitioners is not maintainable. However, the petitioners are at liberty to surrender before the learned Judicial Magistrate, Manaparai, within a period of one week from the date of receipt of a copy of this order and to seek for cancellation of non- bailable warrant. On such occasion, the learned Judicial Magistrate, Manaparai is directed to accept the surrender of the petitioners and a petition to cancel Non-bailable warrant, if filed and consider their bail application on the very same day purely on the basis of merits. 4.With the above said directions, this petition is disposed of. sd/- 25/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. HALLMARK ASSOCIATES Advocate SR.No.41705 ORDER IN CRL OP(MD) No.15415 of 2011 Date :25/11/2011 TR :29.11.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/