IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6072 of 2010()
1. NAVEEN CHANDRA PAI,
... Petitioner
2. JAYAKUMARI.S.PAI,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. CITY POLICE COMMISSIONER,
For Petitioner :SRI.K.V.SABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/10/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.6072 of 2010
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Dated this the 8th day of October, 2010
ORDER
The petitioners, who are husband and wife are
accused Nos.1 & 2 in C.C.No.4344 of 2009 on the file of
Mouranipur District Magistrate at Jhancy in
Uttar Pradesh. The above case involves an offence
punishable under Section 138 of the Negotiable
Instruments Act. The petitioners seek anticipatory bail on
the allegation that the court at Jhancy has issued non-
bailable warrants of arrest against them.
2. Anticipatory bail cannot be granted to nullify
the process issued by a court of competent jurisdiction.
However a division bench of this Court has held in
Madhusoodan Vs. Supdt. of Police (1992 KLT 83)
that if the petitioner is apprehending arrest within the
territorial limits of this Court pursuant to a warrant
issued by a court situated beyond the limits of this Court
Bail Appln.No.6072/2010
: 2 :
anticipatory bail can be granted to enable the petitioner
to appear before the court concerned. Accordingly a
direction is issued to the City Police Commissioner, Kochi
or the Station House Officer of the concerned Police
Station in Ernakulam District to release the petitioner on
bail with a direction to appear before the Jhancy Court
within a period of three months. The petitioner shall
surrender before Jhancy Court on or before 6/1/2011 and
apply for regular bail.
This bail application is disposed of as above.
Handover copy to Public Prosecutor.
V.RAMKUMAR, JUDGE
skj
