BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Eighteenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD)No.15010 of 2011 S.L. RAJKUMAR :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE SUB INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT. :RESPONDENT / COMPLAINANT For Petitioner : M/S. E.V.N.SIVA Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner prays for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under section 138 of the Negotiable Instrument Act, in S.T.C.No.67 of 2011, on the file of the learned Fast Track Court, Srivilliputhur. 2.Heard the learned counsel appearing for the petitioner and also the learned Additional Public Prosecutor appearing for the State. 3.Considering the arguments advanced by both sides, this court could understand that the petitioner has not appeared for 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 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 Fast Track Court, Srivilliputhur, Virudhunagar District, within a period of one week from today and to seek for cancellation of non-bailable warrant. On such occasion, the learned Magistrate concerned is directed to consider the same on the same day on merits. 4.With the above said observations, this petition is dismissed. sd/- 18/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Presiding Officer, Fast Track Court, Srivilliputhur. 2.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Sub Inspector of Police, Watrap Police Station, Virudhunagar District. +1. CC to M/S. N.VIJAYAKUMAR Advocate SR.No.40542. RP/21.11.2011/1p/5c. ORDER IN CRL OP(MD) No.15010 of 2011 Date :18/11/2011. https://hcservices.ecourts.gov.in/hcservices/