RAVI Vs. STATE

JUDGEMENT

(1.) THE petitioner, who is an accused in C.C. No. 126 of 2008 on the file of Judicial Magistrate, Jeyankondam, has come forward with the present petition for a direction in the nature of anticipatory bail under section 438 Cr.P.C. as a non-bailable warrant issued by the said Court is sought to be executed against him.

(2.) THE submissions made by Mr. G. Pugazhenthi, learned counsel for the petitioner and Mr. N. Kumanan, learned Government Advocate (Criminal Side) representing the respondent were heard. THE materials placed were also perused.

(3.) THE instant case does not come under Clause (2) of Section 436. THErefore, this Court is of the view that the petition must fail. Accordingly, this petition is dismissed. THE petitioner can very well seek the cancellation of the Non-bailable warrant or surrender and seek his release on bail under Section 436 Cr.P.C. since admittedly he has not executed any bond on earlier occasion.Petition dismissed.