Sathiyendran v. Duraisingam

CRL OP(MD). No.3011 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3011 of 2022 Sathiyendran

...Petitioner/ Sole Accused

Vs

1. Duraisingam

2. The State represented by The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

...2nd Respondent For Petitioner : Mr.S.Pugalendhi, Advocate.

For Respondent No.2 : Mr.M.Muthumanikkam, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail on the strength of the NBW issued in S.T.C.No.39 of 2020 on the file of the learned District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District. ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the second respondent police based on the Non-Bailable Warrant issued by the learned District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District on 17.09.2021 in S.T.C.No.39 of 2020 for the alleged offence under Section 138 of Negotiable Instruments Act, seeks anticipatory bail.

2.The case of the prosecution is that there existed money transaction dispute between the petitioner and the first respondent and that the petitioner issued a cheque to the first respondent and the same was returned as "Dishonored". Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3011 of 2022 3.When the matter is taken up for hearing today, the learned counsel for the petitioner has specifically stated that the learned Magistrate issued Non-Bailable Warrant against the petitioner. Hence, he seeks for anticipatory bail.

4.Since, non-bailable warrant is pending against the petitioner, the question of anticipatory bail does not arise. 5.Accordingly, this Criminal Original Petition is dismissed. sd/- 11/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3011 of 2022 Date :11/02/2022 PKP/VR/SAR-1/18.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2