BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11841 of 2011 K.PANDI ... PETITIONER/ACCUSED Vs 1. THE SUB - INSPECTOR OF POLICE, BATLAGUNDHU POLICE STATION, DINDUGAL DISTRICT. ...RESPONDENT NO.1/RESPONDENT NO.1 2. MR.SURESH, ... RESPONDENT NO.2/COMPLAINANT For Petitioner : M/S. G.MARI MUTHU 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 the Negotiable Instruments Act in C.C.No.219 of 2009 on the file of the learned Judicial Magistrate, Nilakottai and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that a case has been registered against the petitioner under Section 138 of the Negotiable Instruments Act. He further submitted that due to his ill- health, he was not able to appear before the lower Court and therefore, Non-Bailable Warrant has been issued against the petitioner and hence, he prays for enlargement on anticipatory bail. 3. The Additional Public Prosecutor would submit that because of the non appearance of the petitioner, case is pending for the past two years 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 due to the non appearance for the petitioner non bailable warrant has been issued 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 learned Judicial Magistrate, Nilakottai and to file a warrant recall petition and in the event of filing such an application, the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate, Nilakottai is directed to consider the same on the same day and pass orders on merits and in accordance with law. With the above direction, the petition is disposed of. sd/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, NILAKOTTAI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL. 3. THE SUB - INSPECTOR OF POLICE BATLAGUNDHU POLICE STATION, DINDUGAL DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. G.MARI MUTHU Advocate SR.No.30596 SR : 12.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.11841 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/