JUDGMENT : 1. The Petitioner apprehends arrest at the hands of the Respondent-Police for the alleged offence under Section 138 of Negotiable Instruments Act in C.C. No.252 of 2007 on the filed of the learned Judicial Magistrate No.II, Ponneri, Tiruvellore District and seeks Anticipatory Bail. 2. Learned counsel for the Petitioner submits that the learned Magistrate issued non-bailable warrant against the Petitioner for his non-appearance before the Trial Court. It is further submitted that due to his ill health, he was not able to appear on the date of hearing and his absence is neither willful nor wanton but only due to the above said reasons. The learned Counsel for the Petitioner also submitted that the petitioner is having reasonable apprehension that he may be arrested by the Respondent-Police. 3. Heard the learned Government Advocate (Crl. Side) on the submissions made by the learned Counsel for the Petitioner. 4. In Sarathkumar v. The Inspector of Police, Neelankarai, Chennai, 2004 MLJ (Crl.) 421, this court has held as follows: “Non-bailable warrant issued without a preceding bailable warrant where the offence is bailable, is not in accordance with the scheme of the Criminal Procedure Code and hence illegal. Therefore, while exercising the power conferred under Section 87, Crl.P.C. and issuing a warrant, in a case of bailable offence, the Magistrate shall always issue at the first instance a bailable warrant (including the endorsement provided under Section 71, Crl.P.C.). If the person does not appear before the court even after execution of bailable warrant, then, and only then the Magistrate may issue a non-bailable warrant. Therefore, in all cases under Section 138 of the negotiable Instruments Act, though it is possible or thee is no legal infirmity for the Magistrate to issue a non-bailable warrant for the reasons to be recorded in writing, yet, considering the bailable nature of the offence under Section 138 of the Negotiable Instruments Act, the Magistrate shall always issue “bailable warrant” at the first instance. For the above reasons there appears no reason or circumstances warranting the issue of non-bailable warrant in this case”. 5. In the above decision, this Court has also held as follows: “Therefore this Court, exercising the power under Section 482 read with 438 Cr.P.C. has the power to grant Anticipatory Bail, since non-bailable warrant has been issued by the Magistrate for a bailable offence.” 6. 5. In the above decision, this Court has also held as follows: “Therefore this Court, exercising the power under Section 482 read with 438 Cr.P.C. has the power to grant Anticipatory Bail, since non-bailable warrant has been issued by the Magistrate for a bailable offence.” 6. In view of the decisions of this court referred to above and also considering the facts and circumstances of the case, this Court is constrained to grant Anticipatory Bail to the Petitioner. Accordingly, the petitioner is directed to be released on bail in event of arrest or on his appearance before the learned Judicial Magistrate No.II/Ponneri, Tiruvellore District on his executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) to the satisfaction of the learned Magistrate concerned or to the satisfaction of the respondent-Police or the Police Officer, who intends to arrest and on further condition that the Petitioner shall appear before the Trial court on all the dates of hearings except on those days by filing a Petition under Sections 317, Cr.P.C. by assigning valid reasons.