Shaji @ Shajahan vs State Of Kerala on 8 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5523 of 2010()


1. SHAJI @ SHAJAHAN, AGD 36 YEARS,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.K.SUNILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/09/2010

 O R D E R
                        V. RAMKUMAR, J.
                  * * * * * * * * * * * * * * * * * *
             Bail Application No. 5523 of 2010
                 * * * * * * * * * * * * * * * * * *
        Dated this the 8th day of September, 2010

                               ORDER

Petitioner, who is 2nd accused in Crime No.61/1998 of

Kunnamkulam Police Station for an offence punishable under

Section 394 read with 34 I.P.C, seeks anticipatory bail.

Consequent on the non-appearance of the petitioner before the

J.F.C.M Court, Kunnamkulam in C.C.No.31/2003, non-bailable

warrant of arrest are pending against the petitioner.

2. 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 J.F.C.M

Court, Kunnamkulam and seek regular bail. Accordingly, if the

petitioner surrenders before the J.F.C.M Court, Kunnamkulam 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 notwithstanding the pendency of

non-bailable warrants of arrest against the petitioner.

This Bail Application is, accordingly, disposed of.

V. RAMKUMAR,
(JUDGE)

dmb