PALAZHI MOHAMMED MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, who is the accused in C.C.No.904/05 on the file of the JFCM-II, Perinthalmanna for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail. He claims to have been working as Waiter in a hotel in Mumbai. Admittedly, consequent on his non-appearance in the above C.C. case, non-bailable warrants of arrest are pending against him. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within a period of two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. This application is disposed of as above.