VENKATESH BABU Vs. STATE

JUDGEMENT

(1.) THE petitioners in Crl.O.P.(MD)No.4379 of 2008 are accused Nos.1 and 5 in C.C.No.282 of 2005 on the file of the learned judicial Magistrate No.II, Madurai, facing prosecution for an offence under Section 500 I.P.C. THE peti"tioner in Crl.O.P.(MD)Nos.4093 and 4094 of 2008 is the sole accused in S.T.C.Nos.480 and 481 of 2006 on the file of the learned First Additional District Munsif cum judicial Magistrate, Kum"bakonam, facing prosecution for an of-fence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the N.I.Act").

(2.) ADMITTEDLY, on taking cognizance and after following the mandatory proce"dure contained in Section 200 Cr.P.C., the learned Judicial Magistrates have issued process under Section 204 Cr.P.C by way of Non Bailable Warrant (N.B.W) against the petitioners for the arrest of the peti"tioners and for their production before the Court. Apprehending arrest at the hands of the respondent / police, in exe"cution of the said N.B.Ws, the petitioners have come forward with these Criminal Original Petitions under Section 438 Cr.P.C., seeking for anticipatory bail.

(3.) PER contra, the learned Govern"ment Advocate (Criminal Side) Mr.Siva.Ayyappan would submit since the offences are only bailable, irrespective of the fact that there is apprehension of arrest in execution of the N.B.Ws, still the petitions for anticipatory bail are not maintainable since such a petition could be maintained only in respect of non bailable offences.