IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5919 of 2010() ----------------------------- ST.456/2005 of J.M.F.C.,PALA .................... PETITIONER/ACCUSED (S): -------------------- PRADEEPKUMAR, S/O.RAMAKRISHNAN NAIR, AGED 32 YEARS, ALANCHERIL HOUSE, KUMBANI KARA, MENNACHIL P.O., KOTTAYAM DISTRICT. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PALA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSOECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5919 of 2010 ------------------------------------------------ Dated this the 22nd day of September, 2010 ORDER The petitioner, who is the accused in S.T.No.456/2005 on the file of the Judicial Magistrate of the First Class, Pala for an offence punishable under Section 138 of the Negotiable Instruments Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class, Pala in S.T.No.456/2005, non-bailable warrants of arrest are pending against the petitioner. 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 Judicial Magistrate of the First Class, Pala and seek regular bail. Accordingly, if the petitioner surrenders before the Judicial Magistrate of the First Class, Pala 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 notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. This Bail Application is, accordingly, disposed of. V.RAMKUMAR, JUDGE skj