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M. SAHEEDA, W/O. M.P.MUHAMMED v. THE STATE OF KERALA - Bail Appl No. 700 of 2007  RD-KL 2816 (7 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 700 of 2007()
1. M. SAHEEDA, W/O. M.P.MUHAMMED,
1. THE STATE OF KERALA,
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 700 OF 2007
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DATED THIS THE 7th DAY OF FEBRUARY, 2007
O R D E RPetitioner, a lady, who is the accused in a prosecution under section 138 of the Negotiable Instruments Act, 1881 and pending before the J.F.C.M.-V, Kozhikode as L.P.Case No.61/05, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner before the Magistrate in the above case, non-bailable warrants of arrest are pending against the petitioner who has a grievance that she did not receive summons from the court. 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 concerned and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M.-V. Kozhikode 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 after examining the grievance of the petitioner that she did not receive summons in the case.
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