IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND FEBRUARY 2007 / 3RD PHALGUNA 1928 Bail Appl..No. 1127 of 2007 ----------------------------- ST.350/2006 of J.M.F.C.-III,PALAKKAD .................... PETITIONER/ACCUSED: ------------------------------------ M. GOPALAKRISHNAN, S/O.LATE MADHAVAN, KRISHNANJALI FILMS, ROOM NO.9, OLD BLOCK, METTUPALAYAM STREET, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: NON-PARTY: ----------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 1127/2007 ----------------------------- Dated this 22nd day of February, 2007 O R D E R Petitioner, who is the accused in S.T. No.350/2006 on the file of the J.F.C.M-III, Palakkad, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail. 2. Admittedly, pursuant to 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. 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 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. The application is disposed of as above. V.RAMKUMAR, JUDGE mrcs B.A.1127/2007 2