BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.13800 of 2011 A.P.RAJU ... PETITIONER/ACCUSED No.6 Vs THE INSPECTOR OF POLICE CBCID, (MADURAI CITY), CCB, MADURAI CITY,MADURAI. ( CR,.NO.25 OF 2006 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.R.SENTHILKUMAR Advocate For Respondent : C.RAMESH, 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 406, 420 of IPC read with 120(B) of IPC in Crime NO.25 of 2006 on the file of the respondent police. He has approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard Mr.A.R.Senthilkumar, learned counsel appearing for the petitioner and Mr.C.Ramesh learned Additional Public Prosecutor appearing for the State. 3. According to the learned counsel for the petitioner that the petitioner has been ranked as A-6 and he has no connection with the charity or trust. He would further submit that the petitioner has been implicated in this case on the allegation that he had introduced the first accused with the de-facto complainant and he is said to be the cause of the entire episode. He would also submit that the petitioner did not commit any crime as stated in the complaint and he has been falsely implicated in this case. He would further submit that he is also having permanent residence and therefore he would request for the grant of anticipatory bail. 4. The learned Additional Public Prosecutor would submit in his argument that the investigation has been completed and the charge sheet has also been filed, which was taken on file in C.C.No.235 of 2010 on the file of the learned Judicial Magistrate No.VI, Madurai and in the said circumstances the petitioner should have approached the trial court for necessary relief. 5. Considering the submissions made on both parties this Court could see that the petitioner has approached this court even after taking cognizance by the learned Judicial Magistrate No.VI, Madurai on the charge sheet filed by the respondent police in C.C.No.235 of 2010 and also the Non-Bailable warrant has been issued and the same is pending before the said Court. No doubt the petitioner has not applied for bail from this Court or any other Court in respect of the said case and the https://hcservices.ecourts.gov.in/hcservices/ said Court viz, the learned Judicial Magistrate No.VI, Madurai has now been seized the matter and it is for the petitioner to approach the said court for cancellation of the Non-Bailable warrant and thereafter, to get the bail from the said Court. 6. It is settled law that once the Trial Court has taken cognizance the jurisdiction of this Court for granting anticipatory bail is not available to this Court. In the said circumstances the request of the petitioner is not sustainable before this Court. Therefore, this petition is dismissed after giving liberty to the petitioner to approach the learned Magistrate concerned by filing necessary petition for cancellation of the Non-Bailable warrant and also bail after surrendering himself before the said court within a period of 15 days from the date of receipt of a copy of this order. On such petition, the learned Judicial Magistrate Court NO.VI, Madurai is directed to consider the same preferably on the same day, purely on merits. sd/- 16/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3. THE INSPECTOR OF POLICE CBCID, (MADURAI CITY), CCB, MADURAI CITY, MADURAI. 4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. A.R.SENTHILKUMAR Advocate SR.No.40066 GH : 21.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.13800 of 2011 Date :16/11/2011 https://hcservices.ecourts.gov.in/hcservices/