BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10820 of 2011 1. VENKATESH 2. KAMALAKANNAN ... PETITIONERS/ACCUSED 1 & 2 Vs THE INSPECTOR OF POLICE RAYAPPANPATTI POLICE STATION, THENI DISTRICT, CRIME NO.172/2009 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.KARUPPASAMY PANDIAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under section 294(b), 324, 506(ii) of IPC in C.C.No.497 of 2009, on the file of the Judicial Magistrate, Uthamapalayam, the petitioners/Accused Nos.1 and 2 have approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard both sides. 3. The learned counsel appearing for the petitioners would submit that the petitioners are arrayed as A1 and A2 and they apprehend for arrest for the issuance of Non Bailable Warrant since he was not able to appear before the Court and hence, he has come forward with this application for anticipatory bail. 4. Heard the learned Additional Public Prosecutor (Crl.side). he submits that Non Bailable Warrant has been issued and sureties action has been taken and hence, he prays for dismissal of this application. 5. Considering the rival submissions made by both sides, the petitioner is working in defence since he has not received the summon and he was able to appear before the Court and Non Bailable Warrant has been issued on 30.07.2011. Since the case is of the year 2009 and Non Bailable Warrant is issued, I am not inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/ petitioners. However, at the request of the learned counsel for the petitioners, the petitioners are directed to surrender before the learned Judicial Magistrate, Uthamapalayam, and to file a re-call petition and in the event of filing such an application, the learned Judicial Magistrate, Uthamapalayam, is directed to consider the said application on the same day on merits. 6. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, THENI. 3. THE INSPECTOR OF POLICE RAYAPPANPATTI POLICE STATION, THENI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. G.KARUPPASAMY PANDIAN Advocate SR.No.30863 SR : 12.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.10820 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/