BALASUBRAMANYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, who is the accused in S.T.3255/05 on the file of JFCM-II, Palakkad for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner before the said Magistrate, non-bailable warrants of arrest are pending against thepetitioner,who contendsthathe was inTamil Naduinconnection with his employment. 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 andseekregular bail. Accordingly,if thepetitioner surrendersbefore the Magistrate concerned and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed, after examining the explanation offered by the petitioner for his previous non-appearance. This application is disposed of as above.