1 wp2807.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2807 OF 2010 Shri M.A.Soosai. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents None for petitioner. Mr. P.M.Vyas i/b. Hitesh P. Vyas, advocate for Respondent No.11. Mr. T.J.Pandian, advocate for Respondent Nos. 5 to 10. Mr. A.S.Gadkari, APP for State. CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 24, 2011. P.C. 1. Learned APP states on instruction that the petitioner has not submitted to the jurisdiction of the court inspite of having filed anticipatory bail application before the lower court. He was directed to appear before the court. However, he chose to remain absent. As a result the anticipatory bail application has been rejected. Today when the matter is called out, neither the Petitioner nor his advocate is present. On the earlier occasion, when we deferred the hearing of this Petition, we expected that if anticipatory bail is rejected, the petitioner should appear before this court, only thereafter the writ petition can proceed further. That is so because the court cannot exercise discretionary jurisdiction in favour of the fugitive accused. In the circumstances, the Petition is dismissed. 2 wp2807.10 2. Presence of PI U.S.Savant, Charkop Police Station, who has come to instruct learned APP is placed on record. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)