IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Bail Appl..No. 3062 of 2008(A) --------------------------------- L.P. NO. 96/2006 of JUDICIAL FIRST CLASS MAGISTRATE-I, MAVELIKKARA PETITIONER : ACCUSED: ------------------------- ANANTHAKRISHNAN ACHARI @ ANANTHAKRISHNAN THAYYIL THEKKETHIL, PONAKOM MURI, THEKKEKARA VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENTS: STATE AND COMPLAINANT: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMESH.S, VII, 222, KRISHNABHAVAN, PUTHIYAKAVU MURI, MAVELIKKARA P.O., MAVELIKARA TALUK. BY ADV. SRI. K.C. SANTHOSHKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No.3062 of 2008 ======================= Dated this the 21st day of May, 2008. O R D E R Petitioner who is the accused in L.P. No. 96 of 2006 on the file of the Judicial First Class Magistrate-I, Mavelikkara for offences punishable under Section 138 of the Negotiable Instruments Act seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.735 of 2005 on the file of the J.F.C.M-I, Mavelikkara 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 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 considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. rv