IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 163 of 2007()
1. MOHANDAS, S/O.KRISHNAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/01/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 163 OF 2007
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DATED THIS THE 12th DAY OF JANUARY, 2007
O R D E R
Petitioner who is an accused in a private complaint filed under
section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory
bail.
2. Admittedly, presumably due to the non-appearance of the
petitioner in response to the summons issued by the trial court, viz;
J.F.C.M., (Special Court for Marad Cases), Kozhikode, the case against
the petitioner has been transferred to the long pending register as
L.P.No.43/06 and non-bailable warrant of arrest is pending against him.
3. Anticipatory bail cannot be granted to nullify the process
issued by a court of competent jurisdiction. There is no reason why the
petitioner should not surrender before the Magistrate 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 date on which it is filed after examining the grievance of the
petitioner that he was not served with a summons in the case and also
considering the fact that the offence is a bailable offence.
With this direction, this petition is disposed of.
V.RAMKUMAR, JUDGE.
dsn