Prasad vs State Of Kerala on 23 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 358 of 2007()


1. PRASAD, S/O.SREEDHARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.SANAL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/01/2007

 O R D E R
                                  V. RAMKUMAR, J.

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                   BAIL APPLICATION NO. 358  OF 2007

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               DATED THIS THE 22nd DAY OF JANUARY, 2007


                                      O R D E R

Petitioner who is the second accused in Crime No.253/05 of

Haripad Police Station for offences punishable under sections 8(1) and

8(2) of the Abkari Act for allegedly having been found in joint

possession along with the first accused 10 litres of illicit arrack on

15.5.2005, seeks anticipatory bail.

2. Admittedly, consequent on the non-appearance of the

petitioner before the committal court, viz; J.F.C.M.-I, Haripad, in

C.P.No.133/06, non-bailable warrant of arrest is pending against the

petitioner. 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 committal court and

seek regular bail. Accordingly, if the petitioner surrenders before the

committal court 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 considering the

submission made on behalf of the petitioner that in appropriate cases,

the Magistrate has power to grant bail in the light of the decision

reported in Sukumari v.State of Kerala (2001(1) KLT 22).

V.RAMKUMAR, JUDGE

dsn