BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15773 of 2011 MARRIAMMAL ... PETITIONER / ACCUSED no.3 Vs THE STATE REP. BY ITS THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI DT. (CR.NO.556/2009) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. J.JEYAKUMARAN Advocate For Respondent : M/S.K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / accused No.3 prays for grant of anticipatory bail under Section 438 Cr.P.C for the alleged offences punishable under Sections 294(b) of IPC and Section 4 of Tamil Nadu Women Harassment Act 1998 altered with 294(b), 306 of IPC and read with 511 of IPC and Section 4 of Tamil Nadu Women Harassment Act 1998, in Crime No.556 of 2009, on the file of the respondent-police. 2. Heard the learned Counsel appearing for the petitioner 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 petitioner did not appear for only one hearing before the trial Court and ofr which non-bailable Warrant was issued against him. It is a settled law that when the trial has commenced, the matter of jurisdiction of granting anticipatory bail will not arise for this Court. In these circumstance, the way open to the petitioner is to 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 petitioner is not maintainable. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate No.I, Tirunelveli, 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 concerned is directed to consider the same on the same day on merits. https://hcservices.ecourts.gov.in/hcservices/ 4. With the above said observations, this petition is dismissed. sd/- 02/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATENO.I TIRUNELVELI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI DT. +1. CC to M/S. J.JEYAKUMARAN Advocate SR.No.42516 ORDER IN CRL OP(MD) No.15773 of 2011 Date :02/12/2011 SMA/07.12.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/