BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of August Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.PALANIVELU CRL OP(MD) No.10935 of 2011 T.EZHILMUTHU VENKATESAN ... PETITIONER/SOLE ACCUSED Vs STATE REP. BY THE SUB-INSPECTOR OF POLICE PUTHANATHAM POLICE STATION, TRICHY DISTRICT. CRIME NO.177 OF 2003 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.L.SHAJI CHELLAN ADVOCATE FOR RESPONDENT : MR.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 is arrayed as an accused and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 406 I.P.C., in C.C.NO.238 of 2009 on the file of the learned Judicial Magistrate, Manapparai 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 would further submit that due to his ill health, the petitioner could not appear before the Court on 31.03.2011 and hence, Non Bailable Warrant issued against the petitioner. He would further submit that on 12.04.2011, the learned Judicial Magistrate has also forfeited the sureties and hence, he prayed for the enlargement of anticipatory bail. 3.The learned Additional Public Prosecutor would submit that non bailable warrant has been pending against the petitioner and hence, he prayed for the dismissal of the application. 4.I have considered the rival submissions made by both sides. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of this case and also considering the fact that the non bailable Warrant is pending against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. However, since the learned Judicial Magistrate has forfeited the sureties, I am inclined to direct the petitioner to surrender before the learned Judicial Magistrate, Manapparai and to file a petition for bail and in the event of filing such application, the learned Magistrate is directed to consider the same and pass orders on the same day on merits and in accordance with law. With the above direction, the petition is disposed of. sd/- 22/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE PUTHANATHAM POLICE STATION, TRICHY DISTRICT. +1 CC TO M/S.L.SHAJI CHELLAN, ADVOCATE SR.NO.28527. ORDER IN CRL OP(MD) No.10935 of 2011 Date :22/08/2011 2P/6C RPB 23.08.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/