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.14931 of 2011 S. RADHAKRISHNAN ... PETITIONER/ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE M. REDDIYAPATTI POLICE STATION, ARUPPUKOTTAI TALUK, VIRUDHUNAGAR DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.BETHANASAMY Advocate For Respondent : Mr.K.S.DURAI PANDIAN, 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 C.C.No.151 of 2011 on the file of the learned Judicial Magistrate, Aruppukottai, seeks anticipatory bail. 2.Heard, Mr.C.Bethanasamy, 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 28.10.2011, due to ill-health and his counsel did not file a petition for condonation of his absence. 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. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, non- bailable warrant was issued by the learned Judicial Magistrate, Aruppukottai and the lower Court had seized the entire matter and therefore, this Court has no jursdiction, 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 for cancelling the non-bailable warrant, within a period of one week 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 dismissed. sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE M. REDDIYAPATTI POLICE STATION, ARUPPUKOTTAI TALUK, VIRUDHUNAGAR DISTRICT +1. CC to M/S. C.BETHANASAMY Advocate SR.No.40075 rl/6c – 21.11.2011 ORDER IN CRL OP(MD) No.14931 of 2011 Date :17/11/2011 https://hcservices.ecourts.gov.in/hcservices/