BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.2007 of 2011 JAYA ..PETITIONER/SINGLE ACCUSED Vs. 1 STATE REP.BY THE SUB INSPECTOR OF POLICE ARUPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. ..RESPONDENT/COMPLAINANT 2 KANNAN ..RESPONDENT/DE-FACT COMPLAINANT For Petitioner : M/S. G.MARIMUTHU Advocate For Respondent : MR.P.RAJENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence under Section 138 of the Negotiable Instruments Act in C.C.No.189 of 2010, on the file of the Judicial Magistrate Court, Arupukottai. 2. Learned counsel for the petitioner submitted that the petitioner apprehends arrest on the ground of issuance of Non-Bailable Warrant. Learned counsel submitted that due to his illness, the petitioner was not able to appear before the trial Court on the date of hearing and as such, Non-Bailable Warrant was issued against the petitioner herein. Learned counsel further submitted that the petitioner has been falsely implicated in this case. 3. Heard learned Government Advocate (Crl. Side) on the submissions made by learned counsel for the petitioner. It is submitted by learned Government Advocate that the Non-Bailable Warrant is pending against the petitioner has the petitioner was not appeared before the trial Court on the date of hearing. 4. I have carefully considered the rival contentions put forward by either side and also perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case and considering the fact that the petitioner has not appeared before the trial Court on the date of hearing and as such, Non-Bailable Warrant was issued against the petitioner herein, this Court is inclined to direct the petitioner to file a petition under Section 70(2) of Cr.P.C. for recalling the Non-Bailable Warrant before the Judicial Magistrate, Arupukottai, and in the event of filing such an application for recalling the warrant, the Judicial Magistrate, Arupukottai is directed to consider the same and pass orders on merits on the same day and in accordance with law. It is also made clear that the petitioner need not appear in person for filing a petition under Section 70(2) of Cr.P.C. as the Section itself does not contemplate the surrender of a person for recalling the Non- Bailable Warrant. With the above direction, the petition is disposed of. sd/- 17/02/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE, ARUPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. +1. CC to M/S. G.MARIMUTHU Advocate SR.No.9039 akm/18.02.11 /2p-6c/ ORDER IN CRL OP(MD) No.2007 of 2011 Date :17/02/2011 https://hcservices.ecourts.gov.in/hcservices/