BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S. TAMILVANAN CRL OP(MD) No.14434 of 2011 VENKATESAN, ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE, KANDARVAKOTTAI POLICE STATION, PUDUKKOTTAI DISTRICT. SC.NO. 71/2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. B.JAMEEL ARASU Advocate For Respondent : MR.K.S.DURAI PANDIAN, Additional Public Prosecutor (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioner/accused as well as the learned Government Advocate (criminal side) appearing for the respondent. 2.The petitioner, who is arrayed as A2 facing charges for the alleged offences punishable under Sections 147, 148, 323, 506(ii) and 307 I.P.C. in Crime No.71 of 2011, on the file of the respondent police, has come forward with this application, seeking anticipatory bail under Section 438 Cr.P.C. 3.It is seen that the petitioner was granted bail and subsequently, since the petitioner/A2 failed to appear before the Court below on 27.01.2009, non-bailable warrant was issued by the Court below. In view of the same, the petitioner has filed the present petition seeking anticipatory bail. 4. Since non-bailable warrant was issued for non-appearance of the petitioner before the Court below, the petitioner has to file a petition for recalling non-bailable warrant and he cannot file a petition seeking anticipatory bail in the aforesaid circumstances. https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the above, this petition is dismissed as not manitainable. However, the petitioner is directed to file a proper petition before the Court below seeking an order to recall the warrant and the same shall be decided by the Court below on merits. sd/- 08/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE INSPECTOR OF POLICE, KANDARVAKOTTAI POLICE STATION, PUDUKKOTTAI DISTRICT. 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. B.JAMEEL ARASU Advocate SR.No.38480 SR : 10.11.2011 : 2P/4C ORDER IN CRL OP(MD) No.14434 of 2011 Date :08/11/2011 https://hcservices.ecourts.gov.in/hcservices/