KUNJI MOIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, who is the accused in Crime No.S.T.No.264 of 2006 on the file of the J.F.C.M.-II, Palakkad for an offence punishable under section 138 of Negotiable Instruments Act, 1881, seeks anticipatory bail.

(2.) PRESUMABLY due to the non-appearance of the petitioner before the said court, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case of this nature so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the trial court and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and dispopsed of preferably on the same date on which it is filed after considering the grievance of the petitioner that he did not receive any summons. With this direction, this petition is disposed of.