BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Tuesday, the Twenty Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH CRL OP(MD)No.12711 of 2011 JAMES :PETITIONER / ACCUSED RANK NOT KNOWN -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, MASARUPATTI POLICE STATION, THOOTHUKUDI DISTRICT. :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MAHENDRAPATHY 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 under section 125 Cr.P.C., in M.C.No.1 of 2002 on the file of the learned District Munsif – cum – Judicial Magistrate, Vilathikulam, seeks anticipatory bail. 2.The learned counsel for the petitioner submitted that the petitioner apprehending arrest on the ground of issuance of Non-Bailable Warrant. The learned counsel for the petitioner submitted that the petitioner was unable to appear before the trial court on the date of hearing and as such, Non- Bailable Warrant was issued against the petitioner herein. The learned counsel further submitted that the petitioner has been falsely implicated in this case. 3.Heard the learned Government Advocate (Crl.side) on the submissions made by the learned counsel for the petitioner. It is submitted by the learned Government Advocate (Crl.side) that Non-Bailable Warrant is pending against the petitioner as the petitioner has not appeared before the trial court on the date of hearing. 4.I have carefully considered the rival contentions put forward by either side and also perused the entire materials available on record. 5.Considering the facts and circumstances of the case and also considering the fact that as the petitioner was unable to appear before the trial court on the date of hearing and as such, Non-Bailable Warrant was issued against the petitioner herein, this court is constrained to direct the petitioner to file a petition under section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the learned Magistrate and in the event of filing such an application, the learned District Munsif-cum- Judicial Magistrate, Vilathikulam, is directed to consider the same and pass orders on merits on the same day and in accordance with law. With the above direction, the petition is disposed of. sd/- 27/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The District Munsif-cum-Judicial Magistrate, Vilathikulam, Tuticorin Dt. 2.-Do- Thro' The Chief Judicial Magistrate, Tuticorin. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Masarupatti Police Station, Thoothukudi District. +1CC to M/S. S.MAHENDRAPATHY Advocate SR.No.33425. RP/29.09.2011/1P/6C. ORDER IN CRL OP(MD) No.12711 of 2011,Date:27/09/2011 https://hcservices.ecourts.gov.in/hcservices/