CRM-M-25228-2011 (O&M) [ 1 ] :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25228-2011 (O&M) Date of decision:23.08.2011. Salwinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Bhupinder Singh Thind, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. In this petition, the petitioner has prayed for grant of pre-arrest bail in a Complaint Case No.14/1/2000 dated 14.11.2000 titled as `Jasbir Kaur Vs. Gurdev Singh and others', under Sections 323, 341, 448, 504, 506, 500, 148, 109, 149 IPC pending against him before the Judicial Magistrate 1st Class, Nakodar. Learned counsel for the petitioner has submitted that the petitioner was summoned in the complaint and was released on bail. Thereafter, he left for United Kingdom on 19.08.2004 and when returned back to India on 21.03.2011, he came to know that because of his non-appearance before the Court on 07.02.2005, he has been declared a proclaimed offender on 13.07.2005. It is submitted that the other co-accused had faced the trial in the aforesaid complaint which has been dismissed by the learned Judicial Magistrate 1st Class, Nakodar on 17.02.2007 and when the petitioner applied for anticipatory bail before the learned Court below, it has been dismissed on the ground that since all the offences are bailable, therefore, application under Section 438 of the Code of Criminal Procedure, 1973 is not maintainable, the petitioner is at liberty to surrender before the learned Trial Court and seek regular bail which shall be decided by the Trial Court in accordance with law. CRM-M-25228-2011 (O&M) [ 2 ] :::::::: Learned counsel for the petitioner has submitted that though all the offences are bailable, but the petitioner has apprehension that he would be taken into custody although the complaint against the co-accused has already been dismissed. I have heard learned counsel for the petitioner and perused the record. I am also of the view that an application for anticipatory bail is not maintainable in case the offence is bailable. In view thereof, the present petition is hereby dismissed. August 23, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE