High Court Kerala High Court

Ashraf vs State on 24 January, 2007

Kerala High Court
Ashraf vs State on 24 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 520 of 2007()


1. ASHRAF, S/O.KUNHABDULLA,
                      ...  Petitioner

                        Vs



1. STATE, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/01/2007

 O R D E R
                                     V. RAMKUMAR, J.

                              ----------------------------------------

                                   B. A. No.520 of 2007

                              -----------------------------------------

                               DATED: JANUARY 24, 2007


                                          O R D E R

Petitioner who is the accused in C.C. No.114/2006 of Addl.C.J.M.,

Thalassery for an offence punishable under Sec.138 of the Negotiable

Instruments Act, 1881, seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner before that court

the case against him has been transferred to the long pending register as

L.P.C.No.53/2006. Admittedly, non-bailable warrants of arrest are pending

against the petitioner. Anticipatory bail cannot be granted in a case like this so

as to nullify the process issued by a court of competent jurisdiction. There is no

reason why the petitioner should not surrender before the trial court and seek

regular bail. Accordingly, if the petitioner surrenders before the magistrate and

files an application for regular bail within two weeks from today, the same shall

be considered and disposed of on merits preferably on the same day on which it

is filed, notwithstanding the warrants, if any, pending against the petitioner.

With the above observation this application is disposed of.

V.RAMKUMAR, JUDGE.

mt/-