RAJU Vs. YOGESH N ZAVERI

JUDGEMENT

(1.) THE common petitioner in these applications for anticipatory bail is the accused in C.C.Nos.550/2000 and 551/2000 before the C.J.M.Court, Ernakulam for offences punishable under sec.138 of the Negotiable Instruments Act.

(2.) ADMITTEDLY, consequent on the non-appearance of the petitioner before the trial court, C.C.Nos.550/2000 and 551/2000 against him have been split up and transferred to the long pending register as L.P.Nos.234/2005 and 159/2005 respectively. ADMITTEDLY non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case like this so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not seek regular bail after surrendering before the trial court. Accordingly, if the petitioner surrenders before the trial court and files an application for regular bail within ten days from today, the same shall be considered and disposed of preferably on the same day on which it is filed after considering the explanation offered by the petitioner for his previous non- appearance and also after considering his willingness to pay the cheque amount to the complainant. With the above observation this application is dismissed.