PALANIYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the accused in C.C. No.752/2002 on the file of the J.F.C.M-I, Kollam, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in respect of the cheque for a sum of Rs. 1,44,250/- (One Lakh Forty Four thousand Two hundred and Fifty Rupees) seeks anticipatory bail.

(2.) Admittedly, consequent on the non-appearance of the petitioner before the said Court, non bailable warrants 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. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail, particularly when the trial of the case has already started.

(3.) Accordingly, if the petitioner surrenders before the Magistrate 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 examining the explanation offered by the petitioner for his previous non-appearance. Until such consideration, the non bailable warrants pending against the petitioner shall not be executed. The application is disposed of as above.