P L THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the sole accused in C.C.No.122/2008 on the file of the Judicial Magistrate of the First Class-I, Thrissur for an offence punishable under Sec.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. But at the same time, I am inclined to permit the petitioner to surrender before the Magistrate and file an application for regular bail. Accordingly, If the petitioner surrenders before the Magistrate within two weeks from today and files an application for regular bail, the Magistrate shall, preferably on the same date on which the application is filed, release the petitioner on bail on the petitioner executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:- Bail

(3.) If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.