IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Bail Appl..No. 5045 of 2011() ------------------------ AGAINST THE ORDER IN LP 193/2009 IN CC.107/2008 of J.M.F.C.-IV,KOZHIKODE .................... PETITIONER/ACCUSED ------------------- SAJESH KRISHNAN NAIR, AGED 39 YEARS, S/O. SANTHANA KRISHNAN NAIR, USHUS HOUSE, PIRAYIRI P.O. PALAKKAD BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): ------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. SANUSH KUMAR K.T., VADAKKAKALLODI, ERANHIKKAL P.O., CALICUT PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5045 of 2011 ------------------------------- DATED: 23-06-2011 O R D E R Petitioner who is the sole accused in C.C. No. 107 of 2008 on the file of the J.F.C.M. IV, Calicut 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 in the above case, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. No. 193 of 2009. Admittedly, non-bailable warrants of arrest are pending against the petitioner. 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 and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for Bail A. No. 5045 of 2011 -:2:- 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 notwithstanding the pendency of non-bailable warrants of arrest against the petitioner and also after considering the explanation offered by the petitioner for his previous non- appearance. With the above observation this application is disposed of . Dated this the 23rd day of June, 2011. V.RAMKUMAR, JUDGE. ani/