IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M-12098 of 2010 Date of decision: 28.4.2010 Ravi Kumar …Petitioner Versus State of Punjab and anr …Respondents Present: Mr RS Bajaj, Advocate for the petitioner. S.S.SARON, J. Heard counsel for the petitioner. This petition under Section 438 CrPC has been filed for the grant of anticipatory bail in a complaint dated 30.5.2007 (P1) filed by respondent-2 under Section 138 of the Negotiable Instruments Act. In the said complaint, the petitioner did not put in appearance before the learned trial Court and he was declared a proclaimed offender. Learned counsel for the petitioner has submitted that the petitioner was never served. A reading of the order dated 10.3.2010 (P2) passed by the learned Additional Sessions Judge, Jalandhar shows that the petitioner was well-aware of the complaint pending against him. A notice was served on him, which was replied by his counsel on 23.5.2007. In the reply, the petitioner mentioned his address as ‘SL Rubber, IGC Complex, Samba (J&K)’. The same is the address of the petitioner mentioned in the complaint (P1) filed by respondent-2. It is also mentioned that Under Postal Cover letters were sent at the two addresses i.e. at Jalandhar and Cr Misc M- 2098 of 2010 2 Jammu of the petitioner and that his counsel also mentioned his address of J&K. Therefore, it cannot be that he was not in the knowledge of the proceedings. Efforts were also made by the learned trial Court for more than 2-1/2 years to secure the presence of the petitioner. Case law to the effect that a PO has no right to seek pre-arrest bail and when a PO is absconding, there is no question of granting him anticipatory bail, has been referred to by the learned Additional Sessions Judge while declining bail to the petitioner. The reasons recorded by the learned Additional Sessions Judge, Jalandhar for declining bail to the petitioner are sound. However, the case against the petitioner is in respect of a non-bailable offence. In the circumstances, no ground for the grant of anticipatory bail is made out. However, in case the petitioner surrenders within two days from the receipt of a copy of this order, his application for regular bail shall be considered by the trial Court on the same day, subject to the condition that an advance notice of two days is given to the complainant (respondent- 2). This petition is accordingly dismissed. 28.4.2010 ( S.S.SARON ) ASR Judge