BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16025 of 2011 G.ALPHONSE : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE THILLAINAGAR POLICE STATION, THILLAINAGAR, THIRUCHIRAPALLI. (C.C.No.11/2006 on the file of the Judicial Magistrate No.III, Tiruchirappalli) : RESPONDENT/COMPLAINANT For Petitioner : M/S. D.SIVARAMAN Advocate For Respondent : Mr.K.S.DURAI PANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused prays for grant of anticipatory bail under Section 438 Cr.P.C. for the alleged offences punishable under Section 138 of the Negotiable Instruments Act, in C.C.No.11 of 2006, on the file of the learned Judicial Magistrate No.III, Thiruchirapalli. 2. Heard Mr.D.Sivaraman, learned Counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3. Considering the arguments advanced by both sides, this Court could understand that the petitioner was originally granted bail and he has not appeared for only one hearing before the trial Court and for which non-bailable warrant was issued against him. It is a settled law that when the trial has commenced, the matter of jurisdiction of granting anticipatory bail will not arise for this Court. In these circumstances, the way open to the petitioner is to https://hcservices.ecourts.gov.in/hcservices/ surrender before the trial Court and to seek cancellation of non- bailable warrant at the hands of the trial Court. Hence, this court finds that the anticipatory bail application filed by the petitioner is not maintainable. However, the petitioner is at liberty to surrender before the learned Judicial Magistrate No.III, Thiruchirappalli within a period of fifteen days from the date of receipt of a copy of this order and to seek for cancellation of non- bailable warrant. On such occasion, the learned Judicial Magistrate concerned is directed to consider the same, on the same day on merits. 4. With the above said observations, this petition is disposed of. sd/- 14/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.3, THIRUCHIRAPPALLI, 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE THILLAINAGAR POLICE STATION, THILLAINAGAR, THIRUCHIRAPALLI. +1 CC to M/S. D.SIVARAMAN Advocate SR.No.43677 ORDER IN CRL OP(MD) No.16025 of 2011 Date :14/12/2011 NSV/16.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/