BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice K.N. BASHA CRL OP(MD) No.16814 of 2011 A.KHADHER SHERIFF ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI CITY, MADURAI, CR. NO. 1563/2004 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.SAMIDURAI Advocate For Respondent : MR.C.RAMESH, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 341, 353, 354 and 506(i) of IPC in C.C.No.160 of 2006 on the file of the learned Judicial Magistrate No.VI, Madurai and seeks anticipatory bail. 2. The learned counsel for the petitioner submitted that the petitioner apprehends arrest on the ground of issuance of Non- Bailable Warrant. It is submitted that as the petitioner had gone to other State on contractual employment work, he could not appear before the trial Court on the date of hearing and as such Non- Bailable Warrant was issued against him. The learned counsel further submitted that the non-appearance of the petitioner is neither willful nor wanton; but only due to the above said reason and he has been falsely implicated in this case. 3. Heard the learned Additional Public Prosecutor on the submissions made by the learned counsel for the petitioner. It is submitted by the learned Additional Public Prosecutor, that non- bailable warrant is pending against the petitioner as he did not appear before the trial Court on the date of hearing. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the facts and circumstances of the case and considering the fact that as the petitioner had gone to other State on employment works, he could not appear before the trial Court on the date hearing and as such Non-Bailable Warrant was issued against him, this Court is constrained to direct the petitioner to appear before the trial Court and to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant and in the event of filing such an application, the learned Judicial Magistrate No.VI, Madurai is directed to recall the Non-Bailable Warrant by imposing suitable conditions in accordance with law to ensure the regular appearance of the petitioner before the Court. With the above direction, the petition is disposed of. Sd/- 20/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI 2 THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI CITY, MADURAI 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. K.SAMIDURAI Advocate SR.No.44739 ssk/21.12.2011 /5c -2p/- ORDER IN CRL OP(MD) No.16814 of 2011 Date :20/12/2011 https://hcservices.ecourts.gov.in/hcservices/