BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12726 of 2011 MAYANDI ... PETITIONER/ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE TEMPLE POLICE STATION, THIRUCHENDUR, CRIME NO.344/2006. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.JEGANATHAN Advocate For Respondent : MR.A.RAMAR, Government Advocate(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 457, 380 r/w 341 and 441 I.P.C., in C.C.No.200 of 2008 on the file of the learned Judicial Magistrate, Tiruchendhur and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is a daily coolie worker and due to his livelihood, he went to other District for contractual employment works and hence, he could not appear before the trial Court on 21.11.2008 and therefore, non bailable warrant has been issued against the petitioner and hence, he prays for enlargement on anticipatory bail. 3. The Additional Public Prosecutor would submit because of the non appearance of the petitioner, non bailable warrant has been issued and hence, he prays for dismissal of this application. 4. I have considered the rival submissions made by both sides. 5. Considering the facts and circumstances of this case and also considering the fact that due to the non appearance of the petitioner https://hcservices.ecourts.gov.in/hcservices/ non bailable warrant was issued 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, Thiruchendhur and to file a warrant recall petition and in the event of filing such an application, the learned Judicial Magistrate, Thiruchendhur 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/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE THIRUCHENDUR 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE INSPECTOR OF POLICE TEMPLE POLICE STATION, THIRUCHENDUR, TIRUNELVELI DISTRICT +1. CC to M/S. K.JEGANATHAN Advocate SR.No.33050 ssk/29.09.2011 /5c -2p/- ORDER IN CRL OP(MD) No.12726 of 2011 Date :23/09/2011 https://hcservices.ecourts.gov.in/hcservices/