Naveen Chandra Pai vs Sub Inspector Of Police on 8 October, 2010

Kerala High Court
Naveen Chandra Pai vs Sub Inspector Of Police on 8 October, 2010
       

  

  

 
 
  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.
            ----------------------------------------------
             Bail Application No.6072 of 2010
           ------------------------------------------------
          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

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