P P MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The common petitioner in these applications for anticipatory bail is the common accused in S.T.No.1308/05, C.C.No.180/05 and S.T.No.998/05 on the file of J.F.C.M.-IV, Kozhikode for an offence punishable under section 138 of the Negotiable Instruments Act, 1881.

(2.) Consequent on the non-appearance of the petitioner in the above cases, non-bailable warrants of arrest are pending against the petitioner. The petitioner has a contention that he did not receive summons in any of the above cases.

(3.) 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, after convincing the Magistrate about the alleged non-receipt of summons. Accordingly, if the petitioner surrenders before the Magistrate concerned and files applications for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which such applications are filed, after examining the grievance of the petitioner that he did not receive summons in any of the cases.