1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12120 of 2011 FAROOK ... PETITIONERS/ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT, CRIME NO.19/2008. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.R.SENTHILKUMAR Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 498-A I.P.C. and Section 4 of Dowry Prohibition Act, in C.C.No.162 of 2009 on the file of the learned Judicial Magistrate No.I, Karaikudi, and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that a case has been registered against the petitioner under Sections 406, 498-A I.P.C. and Section 4 of Dowry Prohibition Act. He further submitted that after the investigation charge sheet has been filed and the same has been taken on file in C.C.No.162 of 2009 by the learned Judicial Magistrate No.I, Karaikudi. He further submitted that at the time of filing charge sheet, the petitioner was shown as absconding accused and therefore, NBW has been issued against the petitioner and hence, he prays for enlargement on anticipatory bail. 3. Heard the learned Additional Public Prosecutor appearing for the respondent State. 4. I have considered the rival submissions made by both sides and also perused the records from the Trial Court. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the rival submissions made by both sides and on perusal of the records, it is seen that a case has been registered under Sections 406, 498-A I.P.C. and Section 4 of Dowry Prohibition Act against seven persons and the petitioner was arrayed as A2. At the time of filing charge sheet, the petitioner was shown as absconding accused and hence, non bailable warrant has been issued against the petitioner. 6. Considering the facts and circumstances of this case and also considering the fact that 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 No.I, Karaikudi, and to file a petition for bail 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/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I,KARAIKUDI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI,SIVAGANGAI DISTRICT. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. A.R.SENTHILKUMAR Advocate SR.No.31784 ORDER IN CRL OP(MD) No.12120 of 2011 Date :16/09/2011 PA/20.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/