IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 898 of 2007()
1. SATHEESH, S/O. SIVADASAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.G.SUKUMARA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/02/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 898 OF 2007
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Dated this the 15th day of February, 2007
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is
the first accused in Crime No.202/2005 of Ezhukone Police Station for
offences punishable under Sections 341, 323 and 506(ii) read with section 34
I.P.C., seeks anticipatory bail. The occurrence took place on 10.6.2005.
2. Consequent on the non-appearance of the petitioner in
C.C.No.824/2005 before the JFCM-I, Kottarakkara, non-bailable warrants of
arrest are pending against the petitioner, who is stated to be abroad at
present. 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 Magistrate concerned and
files an application for regular bail, 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.
This application is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks