BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13049 of 2011 S. GANESAN ... PETITIONER / ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE UPPILIYAPURAM POLICE STATION, THURAIYUR TALUK, TRICHY DISTRICT, CRIME NO.75/2009 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. B.JAMEELARASU Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 138 of Negotiable Instrument Act, in C.C.No.75 of 2009 on the file of the learned Judicial Magistrate, Thuraiyur, Trichy District and hence, seeks anticipatory bail. 2. Heard both sides. 3. The learned Counsel appearing for the petitioner would submit that the petitioner apprehending arrest for issuance of non-bailable warrant has been issued against him in C.C.No.75 of 2009. He further submits that he has not received any information from the Counsel and hence he is unable to appear before the Court and because of his non appearance, a Non Bailable Warrant has been issued on 06.06.2011 and hence, he come forward with this application for anticipatory bail. 4. Considering the fact that because of non appearance of the petitioner the Non Bailable Warrant has been issued and it was pending for the past two years, I am not inclined to grant anticipatory bail to the petitioner. However, at the request of the learned Counsel for the petitioner, the petitioner is directed to surrender himself before the learned Judicial Magistrate, Thuraiyur, Trichy District, and to file an application for re-call warrant and in the event of filing such an application, the learned Magistrate, Thuraiyur, is directed to consider the application on the same day, the matter is in the year of 2009 and hence the learned Magistrate, Thuraiyur, is directed to dispose the same within a period of three https://hcservices.ecourts.gov.in/hcservices/ months and pass orders in accordance with law. 5. With the aforesaid direction, this Criminal Original Petition is disposed of. sd/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE THURAIYUR, TRICHY DIST 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE UPPILIYAPURAM POLICE STATION, THURAIYUR TALUK, TRICHY DISTRICT +1. CC to M/S. B.JAMEELARASU Advocate SR.No.34192 ORDER IN CRL OP(MD) No.13049 of 2011 Date :28/09/2011 SMA/03.10.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/