1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2011 CORAM: THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI CRL.O.P(MD)No.3765 of 2011 Suresh .. Petitioner /Accused No.2 Vs. The State represented by The Inspector of Police, Pudukkottai Police Station, Thoothukudi District. (Crime No.316 of 2003) .. Respondent/Complainant PRAYER: Revision filed under Section 482 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police on the strength of the non- bailable warrant issued by the learned Judicial Magistrate No.1, Thoothukudi, Thoothukudi District in C.C.No.325 of 2007 on 18.10.2010, pending execution by the respondent Police. For Petitioner : Mr.R.Anand For Respondent : Ms.Devasena Public Prosecutor O R D E R This petition has been filed to enlarge the petitioner on bail in the event of his arrest by the respondent Police on the strength of the non-bailable warrant issued by the learned Judicial Magistrate No.1, Thoothukudi, Thoothukudi District in C.C.No.325 of 2007 on 18.10.2010, pending execution by the respondent Police. 2. Mr.R.Anand, the learned counsel appearing for the petitioner would submit that the defacto complainant himself had died and the matter is being compromised between the rest of the persons and in the meanwhile, an NBW has been issued by the learned Magistrate No.I, Thoothukudi and it is pending. 3. I have heard the learned counsel appearing on either side and perused the materials available on record. 4.Since the Non-bailable warrant was issued by the learned Judicial Magistrate No.I, Thoothukudi and the Court below had seized the entire matter, this Court has no jurisdiction, as per the dictum https://hcservices.ecourts.gov.in/hcservices/ 2 laid down by the Hon'ble Apex Court, to pass an order of anticipatory bail. However, while disposing of this Criminal Original Petition, this Court directs the petitioner to file an application under Section 70(2) of Cr.P.C., within a period of fifteen days from the date of receipt of a copy of this order before the Court concerned to recall NBW and on such application is being filed, the learned Judicial Magistrate concerned, is directed to consider the application on the same day on merits, after taking into consideration of the facts that the matter is being compromised between the parties. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District. 2.The Judicial Magistrate No.1, Thoothukudi, Thoothukudi District. 3.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Anand, Advocate, Sr.No.16119 CRL.O.P(MD)No.3765 of 2011 29/04/2011 MPK SMA/10.5.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/