BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16226 of 2011 BIPINRAJ ... PETITIONER/ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 24/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. JAYAPAUL ASSOCIATES Advocate For Respondent : Mr.K.S.DURAIPANDIAN Govt. 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 Section 302 I.P.C., in S.C.No.304 of 2011 on the file of the learned Additional Sessions Court Fast Track Court No.II, Tirunelveli and hence, seeks anticipatory bail. 2.Heard M/S.Jayapaul Associates, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the respondent State. 3.The learned counsel for the petitioner would submit in his argument that Non-Bailable Warrant has been issued against him in S.C.No.304 of 2011 by the learned Additional Sessions Court Fast Track Court No.II, Tirunelveli. He would further submit that the petitioner was absent on 07.12.2011 and hence, the Court has issued Non-Bailable Warrant and he is ready to abide any condition likely to be imposed against him. 4.The learned Additional Public Prosecutor would submit in his argument that the petitioner has jumped out of bail and he did not appear before the Court on 07.12.2011 without any reason and therefore, suitable conditions may be imposed in the event of granting anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the submissions made by both sides, this Court could see that the petitioner was originally granted bail and one of the condition that he is directed to appear before the Trial Court regularly on every hearing date. Since he did not appear before the said Court on 07.12.2011, Non-Bailable Warrant has been issued against him and it is still pending. On verification through phone, the said Court has informed that the case has been posted on 19.12.2011 for execution of Non-Bailable Warrant. 6.In the said circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is at liberty to surrender before the learned Additional sessions Court Fast Track Court No.II, Tirunelveli and to file an application for cancellation of Non-bailable warrant and in the event of filing such an application, the learned Additional Sessions Court Fast Track Court No.II, Tirunelveli is directed to consider the said application and to pass orders, on the same day, purely on merits and in accordance with law. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 13/12/2011 / TRUE COPY Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE ADDITIONAL SESSIONS COURT FAST TRACK COURT NO.II,TIRUNELVELI 2.DO THROUGH THE PRINCIPAL SESSIONS JUDGE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. JAYAPAUL ASSOCIATES Advocate SR.No.43413 rl/6c – 13.12.2011 ORDER IN CRL OP(MD) No.16226 of 2011 Date :13/12/2011 https://hcservices.ecourts.gov.in/hcservices/