BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of February Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.1454 of 2011 SURESH ... PETITIONER/ACCUSED NO.8 Vs STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMNAD CR NO. 40/2006 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.VIJAYAKUMAR Advocate For Respondent : MR.P.RAJENDRAN, Government 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 Sections 467, 468, 471 and 420 of IPC r/w. Section 120(b) of IPC, in Crime No.40 of 2006, seeking anticipatory bail under section 438 Cr.P.C. 2. Heard Mr.R.Vijayakumar, learned counsel appearing for the petitioner and Mr.P.Rajendran, learned Government Advocate (Criminal side) appearing for the respondent State. 3. Learned Government Advocate (Criminal side) would submit that on completion of investigation, charge sheet stands filed in the matter and a case in C.C.No.220 of 2010 is pending before the learned Judicial Magistrate, Paramakudi. He further submits that NBW against the petitioner was issued on 09.05.2007. 4. Learned counsel appearing for the petitioner would submit that the petitioner was an employee under one Natarajan who was the proprietor of A.N.R. Construction. On the death of the employer, the petitioner had moved over to Chennai and was carrying small contract works thereat as such he was not aware of the NBW issued against him. https://hcservices.ecourts.gov.in/hcservices/ Learned counsel for the petitioner informs his undertaking to pay a sum of Rs.10,000/- to the Mediation and Conciliation Centre attached to this Bench towards exhibiting his genuineness. 5. Considering the rival submissions and that charge sheet in the case has already been filed, this Court is inclined to dispose of the petition on the following conditions: (i) The petitioner shall effect payment of a sum of Rs.10,000/-, as undertaken by him, to the Mediation and Conciliation Centre attached to this Bench. (ii) Upon producing proof of payment informed in (i) above, the petitioner may move a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the Judicial Magistrate, Paramakudi, and in the event of filing such an application for recalling the warrant, the Judicial Magistrate, Paramakudi, is directed to consider the same and pass orders on merits on the same day and in accordance with law. It is also made clear that the petitioner need not appear in person for filing a petition under Section 70(2) of Cr.P.C. as the Section itself does not contemplate the surrender of a person for recalling the Non-Bailable Warrant. With the above directions, this petition is disposed of. Sd/- 15/02/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI 2 THE CHIEF JUDICIAL MAGISTATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMNAD 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE COORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. R.VIJAYAKUMAR Advocate SR.No.8813 ssk/18.02.2011 /7c -2p/- ORDER IN CRL OP(MD) No.1454 of 2011 Date :15/02/2011 https://hcservices.ecourts.gov.in/hcservices/