BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Monday, the Twenty Second day of August Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD)No.10880 of 2011 GLORY RANI :PETITIONER / SOLE ACCUSED -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT. :RESPONDENT / COMPLAINANT For Petitioner : M/S. K.P.NARAYANAKUMAR Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner is arrayed as an accused and she apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 138 of Negotiable Instruments Act, in S.T.C.No.827 of 2008 on the file of the learned Judicial Magistrate, Devakottai, and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that a case has been registered against the petitioner under section 138 of Negotiable Instruments Act. He would further submit that due to her ill-health, she was not able to appear before the lower court on the date of hearing and as such, Non-bailable Warrant was issued against the petitioner and hence, he prays for enlargement on anticipatory bail. 3.The Additional Public Prosecutor would submit that because of the non appearance of the petitioner, Non-Bailable Warrant was issued against the petitioner by the learned Judicial Magistrate, Devakottai and hence, he prays for the dismissal of this application. 4.I have considered the rival submissions made by both sides. 5.Considering the facts and circumstances of this case and also considering the fact due to the non appearance for the petitioner Non- Bailable Warrant was issued against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. However, I am inclined to direct the petitioner to surrender before the learned Judicial Magistrate, Devakottai, and to file a warrant recall petition and in the event of filing such an application, the learned Magistrate is directed to consider the same on the same day and pass orders on merits and in accordance with law. With the above direction, the petition is disposed of. sd/- 22/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate, Devakottai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Inspector of Police, K.K.Nagar Police Station, Trichy District. +1. CC to M/S. K.P.NARAYANAKUMAR Advocate SR.No.28475. RP/24.08.2011/1P/5C. ORDER IN CRL OP(MD) No.10880 of 2011 Date:22/08/2011. https://hcservices.ecourts.gov.in/hcservices/