BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14951 of 2011 P.H. SHANAVAS ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DT ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S. G.RAJAN Advocate For Respondent : M/S.K.S.DURAIPANDIAN, 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 Sections 138 and 142 of N.I. Act in S.T.C.No.677 of 2011 on the file of the Fast Track Court (Magistrate Level), Uthamapalayam, seeks anticipatory bail. 2. Heard Mr.G.Rajan, learned Counsel appearing for the petitioner and also Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the submission made by the learned counsel appearing for the petitioner, the petitioner could not appear before the lower Court on 29.04.2011, since he was no knowledge about the said hearing. Hence, non-bailable warrant was issued against him and he was regularly appearing before the said Court and therefore, non- bailable warrant issued against him may be set aside. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner cannot file anticipatory bail application against the order of non-bailable warrant pending against him, which is not sustainable in law. 5. Considering the facts and circumstances of the case, non- bailable warrant was issued by the learned Judge, Fast Track Court, Uthamapalaym and the Lower Court had seized the entire matter and therefore, this Court has no jurisdiction, as per the dictum laid down by the Hon'ble Apex court, to pass an order of anticipatory bail. However, while dismissing the petition, this Court directs the lower Court to consider the petition to be filed by the petitioner https://hcservices.ecourts.gov.in/hcservices/ for cancelling the non-bailable warrant, within a period of one wek from the date of receipt of a copy of this order and if filed to dispose of the same on merits on the same day. 6. With the above direction, this petition is disposed of. sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDGE, FAST TRACK COURT UTHAMAPALAYAM 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUB INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DT. +1. CC to M/S. G.RAJAN Advocate SR.No.40220 ORDER IN CRL OP(MD) No.14951 of 2011 Date :17/11/2011 SMA/21.11.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/