Judgment P.R. Shivakumar, J. 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 above said case was instituted on a private complaint for the alleged offence punishable under Section 138 of Negotiable Instruments Act. The said offence is bailable and compoundable. The benefit of anticipatory bail is meant only for those person, who apprehends arrest on accusation of having committed a non-bailable offence. However, there are certain precedents to the effect that when a non-bailable warrant is pending in a bailable case, the same can also be treated as an instance of attempt to arrest for a non-bailable offence. But a general application of the said view indiscriminately will not only be against the intention of the legislature but also will prove to be detrimental to the interest of justice. 4. Section 43 of Cr.P.C. deals with the procedure for dealing with an accused facing an accusation of having committed a bailable offence. Such persons, when they appeared or produced in the Court, have to be released on bail as per sub-section (i) of Section 436 Cr.P.C. The exception for the same is provided under sub clause (2) of the above said section. For the sake of convenience, the Section 436 Cr.P.C. is reproduced hereunder: “Section 436. Such persons, when they appeared or produced in the Court, have to be released on bail as per sub-section (i) of Section 436 Cr.P.C. The exception for the same is provided under sub clause (2) of the above said section. For the sake of convenience, the Section 436 Cr.P.C. is reproduced hereunder: “Section 436. In what cases bail to be taken: (1) When any person other than a person accused of a non-bailable offence is attested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, (may and shall, if such person is indigent and is unable to furnish surety, instead of taking bail) from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of Section 116 (or Section 446-A). (Explanation- Where a person is unable to give bail within a week of the date of his arrest, it shall be sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.) (2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under Section 446.” Only in cases wherein the accused had already been released on bail and the conditions of the bail bond were not complied with, the Court may refuse to release him once again on bail. Therefore, the cases that come under the purview of sub clause (2) of Section 436 Cr.P.C. alone can be considered to be fit for the grant of anticipatory bail. 5. Therefore, the cases that come under the purview of sub clause (2) of Section 436 Cr.P.C. alone can be considered to be fit for the grant of anticipatory bail. 5. 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.