1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10352 of 2011 DARATHI JAMES ... PETITIONER/ACCUSED NO.4 Vs STATE THROUGH THE INSPECTOF OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI, CR NO. 6/2006 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.R.EDMUND Advocate For Respondent : MR. A.RAMAR, The Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence under Section 406 and 420 IPC and also under section 5 of TNPID Act in C.C.NO.119 of 2008 on the file of the learned Special District Sessions Judge (TNPID Act Cases), Madurai, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner apprehend arrest on the issuance of non bailable warrant since, she was shown as absconding accused. She would further submit that even though the petitioner was obtained anticipatory bail, she was unable to arrange the proper sureties and hence, prays for enlargement on anticipatory bail. 3.The Additional Public Prosecutor would submit that absconding charge sheet has been filed against the petitioner and hence, she prays for dismissal of this application. 4.I have considered the rival submissions made by both sides. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the facts and circumstances of this case and also considering the fact that absconding charge sheet has been filed 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 Special District and Sessions Judge (TNPID Act cases), Madurai, and to file a warrant recall petition and in the event of filing such an application, the learned Special District Sessions Judge (TNPID Act cases), Madurai, is directed to consider the same on the same day and pass orders on merits and in accordance with law. 6.With the above direction, this petition is disposed of. sd/- 10/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SPECIAL DISTRICT SESSIONS JUDGE (TNPID ACT CASES) MADURAI 2 THE INSPECTOF OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI 3 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. G.R.EDMUND Advocate SR.No.26976 ORDER IN CRL OP(MD) No.10352 of 2011 Date :10/08/2011 TR : 11.08.2011 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/