IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1168 of 2007()
1. PALANIYAPPAN, AGED 24,
... Petitioner
2. K.T. NACHAMMA, AGED 49,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.B.S.SIVAJI
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/02/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1168/2007
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Dated this 22nd day of February, 2007
O R D E R
Petitioner, who is the accused in C.C. No.752/2002
on the file of the J.F.C.M-I, Kollam, for an offence punishable
under Section 138 of the Negotiable Instruments Act, 1881, in
respect of the cheque for a sum of Rs. 1,44,250/- (One Lakh
Forty Four thousand Two hundred and Fifty Rupees) seeks
anticipatory bail.
2. Admittedly, consequent on the non-appearance of
the petitioner before the said Court, non bailable warrants of
arrest are pending against the petitioner. Such being the
position, I am not inclined to nullify the process issued by a
court of competent jurisdiction by granting anticipatory bail.
There is no reason why the petitioner should not surrender
before the Magistrate and seek regular bail, particularly when
the trial of the case has already started.
3. Accordingly, if the petitioner surrenders before the
Magistrate and files an application for regular bail within ten
B.A.1168/2007
2
days from today, the same shall be considered and
disposed of, preferably on the same day on which it is
filed, after examining the explanation offered by the
petitioner for his previous non-appearance. Until such
consideration, the non bailable warrants pending against
the petitioner shall not be executed.
The application is disposed of as above.
V.RAMKUMAR,
JUDGE
mrcs