BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10007 of 2011 GNANAMUTHU ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.P.DHAS 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 138 of Negotiable Instruments Act, in C.C.No.106 of 2007 on the file of the learned District Munsif Cum Judicial Magistrate, Thirumayam, Pudukkottai District and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that due to his illness he was not able to appear before the lower Court. He would further submit that because of the non appearance of the petitioner, non bailable warrant was issued against the petitioner on 30.06.2011 and hence, he prays for enlargement on anticipatory bail. 3. The learned Government Advocate (Crl.side) would submit that because of the non appearance of the petitioner non bailable warrant was issued against the petitioner on 30.06.2011 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 the 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 District Munsif Cum Judicial Magistrate, Thirumayam, Pudukkottai District, and to file a warrant recall petition and in the event of filing such an application, the learned District Munsif Cum https://hcservices.ecourts.gov.in/hcservices/ Judicial Magistrate, Thirumayam, Pudukkottai District 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/- 04/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKOTTAI DISTRICT. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3. THE INSPECTOR OF POLICE GANESH NAGAR POLICE STATION PUDUKKOTTAI DISTRICT 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. A.P.DHAS Advocate SR.No.26063 SR : 05.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.10007 of 2011 Date :04/08/2011 https://hcservices.ecourts.gov.in/hcservices/