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ABDUL KAREEM v. STATE OF KERALA - Bail Appl No. 7647 of 2006  RD-KL 3910 (20 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 7647 of 2006()
1. ABDUL KAREEM
1. STATE OF KERALA
For Petitioner :SRI.K.I.SAGEER
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B. A. No.7647 of 2006
DATED: DECEMBER 20, 2006
O R D E RPetitioner who is the sole accused in S.T.No.35/2005 of J.F.C.M., Irinjalakuda for an offence punishable under Sec.138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail.
2. Admittedly consequent on the non-appearance of the petitioner before that court, non-bailable warrant of arrest is pending against the petitioner. Anticipatory bail cannot be granted in a case like this 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 concerned magistrate and seek regular bail. Accordingly, if the petitioner surrenders before J.F.C.M., Irinjalakuda 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 regarding his previous non-appearance. With the above observation this application is disposed of.
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