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.12779 of 2011 KALYANI @ KALYANASUNDARAM ... PETITIONER / 2nd ACCUSED Vs THE STATE REP. BY INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : MR.A.RAMAR, Additional 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 A2 and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 120(b), 294(b), 429 and 506(ii) I.P.C., in C.C.No.176 of 2005 on the file of the learned Judicial Magistrate, Sathankulam 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 due to his ill-health, he could not appear before the trial Court on 22.09.2010 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 that 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 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, Sathankulam and to file a warrant recall petition and in the event of filing such an application, the learned Judicial Magistrate, Sathankulam 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 Criminal Original Petition is disposed of. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE JUDICIAL MAGISTRATE, SATHANKULAM. 2. THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI. 3. THE INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. G.THALAIMUTHARASU Advocate SR. No.33266 ORDER IN CRL OP(MD) No.12779 of 2011 Date :23/09/2011 RJ/29.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/