BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.7300 of 2011 KARUPPASAMY ..PETITIONER/ACCUSED RANK NOT KNOWN Vs. STATE REP.BY THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, CR NO. 98/2001, SIVAGANGAI DISTRICT. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. J.JEYAKUMARAN 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 :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341, 324, 332, 307, 397, 435 of IPC in Crime No.98 of 2001 on the file of the respondent police and hence seeks anticipatory bail. 2. The petitioner apprehends arrest in pursuant to the Non-Bailable Warrant issued against him by the Court of Judicial Magistrate No.II, Sivagangai, Sivagangai District. Further, the petitioner was not able to appear before the trial Court on the date of hearing and as such, Non-Bailable Warrant was issued against him. 3. The learned Government Advocate (Crl. Side) would oppose this application and hence, he prays for dismissal of this application. 4. Considering the arguments advanced by both sides, this Court could understand that the petitioner has not appeared before the trial Court regularly and for which non-bailable warrant was issued against him. It is a settled law that when the trial has commenced, the matter of jurisdiction of granting anticipatory bail will not arise for this Court. In these circumstances, the way open to the petitioner is to surrender before the trial Court and to seek https://hcservices.ecourts.gov.in/hcservices/ cancellation of non-bailable warrant at the hands of the trial Court. Hence, this Court finds that the anticipatory bail application filed by the petitioner is not maintainable. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District, within a period of ten days from today and to seek for cancellation of non-bailable warrant. On such occasion, the learned Judicial Magistrate concerned is directed to consider the same in accordance with law. 5. With the above said observations, this Petition is dismissed. sd/- 28/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI, SIVAGANGAI DISTRICT. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S. J.JEYAKUMARAN Advocate SR.No.20456 akm/30.06.11 /2p-6c/ ORDER IN CRL OP(MD) No.7300 of 2011 Date :28/06/2011 https://hcservices.ecourts.gov.in/hcservices/