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L.Wilson vs State Of Kerala on 19 March, 2009

Kerala High Court
L.Wilson vs State Of Kerala on 19 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1519 of 2009()



1. L.WILSON
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.SOORAJ T.ELENJICKAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/03/2009

 O R D E R
                          V. RAMKUMAR, J.
                 ===============================
                   Bail Application No.1519 of 2009
                 ===============================
                         DATED: 19.03.2009

                               O R D E R

Petitioner, who is the accused in S.T.No.281 of 2008 on the

files of the Chief Judicial Magistrate, Thodupuzha for an offence

punishable under Section 138 of the Negotiable Instruments Act,

1881, seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner non-

bailable warrants of arrest are pending against the petitioner.

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 preferably

on the same day on which it is filed after considering the explanation

offered by the petitioner for his previous non-appearance,

notwithstanding the pendency of non-bailable warrants of arrest

against the petitioner.

With the above observation this application is disposed of .

Dated this the 19th day of March, 2009

V.RAMKUMAR, JUDGE.

sj

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