IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH JANUARY 2007 / 18TH PAUSHA 1928 Bail Appl..No. 143 of 2007() ---------------------------- ST.264/2006 of J.M.F.C.-II,PALAKKAD .................... : PETITIONER/ACCUSED ----------------------------------- KUNJI MOIDU, S/O.ABOOBCKER, KOOMLLINKATTIL HOUSE, PANAMANNA P.O. KOTTIA KURISSI, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT: NON-PARTY ---------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.Ramkumar, J. ======================== B.A.No. 143 of 2007 ======================== Dated this the 8th day of January,2007. ORDER Petitioner, who is the accused in Crime No.S.T.No.264 of 2006 on the file of the J.F.C.M.-II, Palakkad for an offence punishable under Section 138 of Negotiable Instruments Act, 1881, seeks anticipatory bail. 2. Presumably due to the non-appearance of the petitioner before the said court, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case of this nature so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the trial court 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 dispopsed of preferably on the same date on which it is filed after considering the grievance of the petitioner that he did not receive any summons. With this direction, this petition is disposed of. V.Ramkumar, Judge. ess 8/1