BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.11144 of 2011 1 AYSAL BEEVI 2 UMMU SUBAITHAL ... PETITIONERS / ACCUSED NO.5 & 6 Vs STATE THROUGH REPRESENTED BY INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DT. ... RESPONDENT / COMPLAINANT (Cr.no.38/2007) For Petitioner : M/S. M.SARAVANAKUMAR Advocate For Respondent : M/S.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are the accused and they prayed for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Sections 465, 467, 468, 420, 471 & 109 I.P.C. in C.C.No.190 of 2011 on the file of the learned Judicial Magistrate No.I, Tirunelveli. 2. Heard Mr.Saravanakumar, learned counsel appearing for the petitioners and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel for the petitioners would submit in his argument that the petitioners are senior citizens and aged 80 years and 68 years respectively and they have been arrayed as accused A-% and A-6. He would also submit that they did not aware of the case and in the said situation, they may be granted anticipatory bail. He would further submit that they would not tamper any witness and they are ready to abide by any condition likely to be imposed. 4. The learned Additional Public Prosecutor would submit in his argument that the matter was investigated, completed and an absconding charge sheet had been filed and the case was also taken on file by the learned Judicial Magistrate No.I, Tirunelveli in C.C.No.190 of 2011 and the said Court has issued Non-Bailable Warrants are now pending. He would further submit that when Non- Bailable Warrants are pending, there would be no case for granting anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the submissions made on either side, this Court could see that the case has been taken on file and it is now pending on the file of the learned Judicial Magistrate No.I, Tirunelveli in C.C.No.190 of 2011 and Non-Bailable Warrants were issued and are pending against the petitioners. In the said circumstances, granting anticipatory bail shall not be exercised by this Court. In the said circumstances, the petitioners being senior citizens are directed to surrender before the lower Court within two weeks from the date of receipt of a copy of this order and to file an application for cancellation or recalling the Non-Bailable Warrant. It is for the said Court to consider the same on the same day and to pass necessary orders, in view of the advanced age of the petitioner. With the above observation, this Criminal Original Petition is disposed of. sd/- 15/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATENO.I TIRUNELVELI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT. +1. CC to M/S. M.SARAVANAKUMAR Advocate SR.No.39767 ORDER IN CRL OP(MD) No.11144 of 2011 Date :15/11/2011 SMA/16.11.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/