BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. RAJESWARAN CRL OP(MD) No.17433 of 2011 T.RAJESH KUMAR, ... PETITIONER / ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DT.(CR.NO.2203 OF 2008) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.L.SHAJI CHELLAN Advocate For Respondent : MR. C. RAMESH, ADDL. PUBLIC PROSCUTOR, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is an accused in C.C.No.2203 of 2008 on the file of the learned Judicial Magistrate, No.IV, Tirunelveli and he apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, and seeks anticipatory bail. 2. Heard Mr.Shaji Chellan, the learned counsel appearing for the petitioners and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that due to the non appearance of the petitioner, Non- Bailable Warrant has been issued against the petitioner and the same is pending and therefore, he has come forward with this petition. 4. The learned Additional Public Prosecutor would submit in his argument that due to the non appearance of the petitioner, Non- Bailable Warrant has been issued against the petitioner and the same is still pending. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is at liberty to surrender himself before the learned Judicial Magistrate No. IV, Tirunelveli, within a period of one week from the date of receipt of a copy of this order and to file an application for cancellation of Non-bailable Warrant and to file an affidavit of undertaking to the effect that he would appear before the Court concerned for every hearing and in the event of filing the said application along with the affidavit of undertaking, the learned Judicial Magistrate No.IV, Tirunelveli, is directed to consider the bail applications and pass orders, on the same day, and in accordance with law. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DT 1. CC to M/S.L.SHAJI CHELLAN Advocate SR.No.46130: ORDER IN CRL OP(MD) No.17433 of 2011 Date :28/12/2011 https://hcservices.ecourts.gov.in/hcservices/ https://hcservices.ecourts.gov.in/hcservices/