High Court Kerala High Court

Vinod James vs State Of Kerala Represented By

Kerala High Court
Vinod James vs State Of Kerala Represented By
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1252 of 2007(V)


1. VINOD JAMES,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY,
                       ...       Respondent

2. DEPUTY SUPERINTENDENT OF POLICE,

3. CIRCLE INSPECTOR OF POLICE,

4. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JACOB CHACKO

                For Respondent  :PUBLIC PROSECUTOR


 Dated :/  /

 O R D E R
                                  V. RAMKUMAR, J.

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                                B.A. No. 1253 OF 2007

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                      Dated this the 2nd day of March, 2007


                                         O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is

the 1st accused in Crime No.46/202 of Eroor Police Station for offences

punishable under Secs.341, and 324 read with section 34 I.P.C., seeks

anticipatory bail.

2. Consequent on the non-appearance of the petitioner in

C.C.No.372/2002 on the file of JFCM-I, Punalur, the case against him was

split up and transferred to the Long Pending Register where it has been

numbered as L.P.No.35/2005. Admittedly non-bailable warrants of arrest are

pending against the petitioner.

3. 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 trial court and seek regular bail. Accordingly,

if the petitioner surrenders before the Magistrate concerned 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 contention of the petitioner that the matter has been

settled. It is needless to mention that the case being an old case will be given

top priority by the Magistrate in the matter of disposal.

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

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