SUDHA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER seeks anticipatory bail on the allegation that non-bailable warrants of arrest are pending against him in C.C.No.876/01 on the file of the J.F.C.M.-III, Thiruvananthapuram for an offence punishable under section 138 of the Negotiable Instruments Act. According to the petitioner, more than 18 similar cases have been instituted at the instance of the 5th respondent financier in respect of a mini bus of which

(2.) THE petitioner was THE hirer and THE cheques have been presented after THE 5th respondent had repossessed and sold THE vehicle in which case no prosecution under section 138 of THE Negotiable Instruments Act will lie in THE light of THE decision of this court in Sudha Beevi v. State of Kerala (2004(2) KLT 746). In THE light of THE above contention, I am inclined to direct THE Magistrate to release THE petitioner on bail. Accordingly, if THE petitioner surrenders before THE J.F.C.M.-III, Thiruvananthapuram in connection with C.C.No.876/01 within 10 days from today and files an application for regular bail, she shall be released on bail on appropriate conditions. The warrants of arrest, if any, pending against THE petitioner shall not be executed until THEn.