K A NIZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the sole accused in C.C. No. 1414/98 on the file of the Chief Judl. Magistrate's Court, Ernakulam for an offence punishable under SEc. 138 of the N.I. Act, 1881 in respect of a cheque for an amount of Rs. 1,23,000/-, seeks anticipatory bail.

(2.) CONSEQUENT on the alleged non-appearance of the petitioner before the trial court, non-bailable warrant 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. It is for the petitioner to seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioner surrenders before the magistrate court and files an application for regular bail within 10 days from today the same shall be considered and disposed of preferably on the same day on which it is filed after examining the petitioner's grievance that he was not served with summons in the case. With the above observation this application is dismissed.