BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10817 of 2011 MOORTHY ... PETITIONER / ACCUSED Vs STATE, REP. THE INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MAHENDRAPATHY Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) 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 Section 125 Cr.P.C. in M.C.No.65 of 2008 on the file of the learned Chief Judicial Magistrate, Dindigul and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that due to his ill-health, he could not appear before the trial Court on 26.05.2011 and therefore, non bailable warrant has been issued against the petitioner and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public prosecutor would submit that because of the non appearance of the petitioner, non bailable warrant has been issued and hence, he prays for dismissal of this application. 4. I have considered the rival submissions made by both sides. 5. Considering the facts and circumstances of this case and also considering the fact that Non Bailable Warrant is pending against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before the Learned Chief Judicial Magistrate, Dindigul and to file a warrant recall petition and in the event of filing such an application, the learned Chief Judicial Magistrate, Dindigul is directed to consider the same on the same day and pass orders on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ With the above direction, the Criminal Original Petition is disposed of. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL +1. CC to M/S. S.MAHENDRAPATHY Advocate SR.No.33160 ORDER IN CRL OP(MD) No.10817 of 2011 Date :23/09/2011 SMA/28.9.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/