IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5487 of 2010()
1. V.K.SIVADAS, S/O.V.K.KARAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SRI.V.N.VENUGOPAL, S/O.V.K.NARAYANAN,
For Petitioner :SRI.THOMAS T.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/09/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.5487 of 2010
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Dated this the 24th day of September, 2010
ORDER
The petitioner, who is the accused in C.P.No.479 of 2006
on the file of the Judicial Magistrate of the First Class,
Dhanbad for an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881, seeks anticipatory bail on
the allegation that Pavaratty Police are trying to arrest the
petitioner in execution of non-bailable warrants issued by the
Magistrate at Dhanbad.
2. Anticipatory bail cannot be granted to nullify the
process issued by the court of competent jurisdiction. The
remedy of the petitioner is to surrender before the trial court
and seek regular bail. Accordingly, this petition is disposed of
directing the petitioner to surrender before the Judicial
Magistrate of the First Class, Dhanbad on 25/10/2010 or on
26/10/2010 and seek regular bail. The petitioner shall not be
arrested by Pavaratty Police until then.
V.RAMKUMAR, JUDGE
skj