BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13643 of 2011 S.GANESAN ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE UPPILIYAPURAM POLICE STATION., DURAIYUR TALUK, TRICHY DISTRICT. C.C.NO.75 OF 2009 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.JOEL PAUL ANTONY Advocate For Respondent : Mr.K.S.DURAI PANDI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprhending arrest at the hands of the respondent police in C.C.No.75 of 2009 on the file of the Judicial Magistrate, Thuraiyur, Trichy District, for the offence undder Section 138 of the Negotiable Instruments Act, the petitioner is before this Court seeking anticipatory bail. 2.According to the petitioner, on a private complaint filed in C.C.No.75 of 2009, the petitioner has been arrayed as sole accused. He was appearing before the trial Court on summons. On one particular day, he could not appear and therefore, non bailable warrant was issued for his arrest. For execution of the same, he is likely to arrest is his apprehension. In such circumstances, he has come up with this petition seeking anticiptory bail. 3.I have considered the above submissions. 4.Undoubtedly Section 138 of the Negotiable Instruments Act is a bailable offence. Though it may be true that non bailable warrant has been issued for the arrest of the petitioner that will not convert the Section 138 of the said Act into one of a https://hcservices.ecourts.gov.in/hcservices/ non bailable offence. A petition for anticipatory bail is maintainable only in respect of a non bailable offence and not in respect of a bailable offence. The Courts have consistently held that though a non bailable warrant has been issued in a case relating to bailable offence, a petition for anticipatory bail is not maintainable. Therefore, this petition is highly misconceived and the same is not at all maintainable. In such view of the matter, I am not only dismissing this petition, but also issue a direction to the Registry that hereafter not to number any petition for anticipatory bail in respect of bailable offence, though there is apprehension of arrest on the basis of non bailable warrant. The petitioner is at liberty to work out his remedy before the trial Court. sd/- 13/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE THURAIYUR TRICHY DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE UPPILIYAPURAM POLICE STATION., DURAIYUR TALUK, TRICHY DISTRICT +1. CC to M/S. A.JOEL PAUL ANTONY Advocate SR.No.35677 rl/6c – 19.10.2011 ORDER IN CRL OP(MD) No.13643 of 2011 Date :13/10/2011 https://hcservices.ecourts.gov.in/hcservices/