High Court Kerala High Court

Sajeev vs Sub Inspector Of Police on 31 May, 2007

Kerala High Court
Sajeev vs Sub Inspector Of Police on 31 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3223 of 2007()


1. SAJEEV, AGED 40, S/O.KUMARAN,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.M.H.HANIL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/05/2007

 O R D E R
                           V. RAMKUMAR, J.

                          -------------------------------

                    Bail Application No.3223/2007

                          -------------------------------

                           DATED: 31-5-2007


                                 O R D E R

Petitioner who is the first accused in Crime

No.282/2001 of Mala Police Station for offences punishable

under Sections 420, 465, 468 and 471 IPC read with section

34 I.P.C., seeks anticipatory bail.

2. Consequent on the non-appearance of the

petitioner in C.C. No.1780/2006 on the file of the J.F.C.M,

Chalakkudy, non-bailable warrants of arrest are 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 Magistrate and seek regular bail.

Accordingly, if the petitioner surrenders before the Magistrate

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 explanation offered by the petitioner for his

previous non-appearance and also considering his contention

that the co-accused in the case has been acquitted after trial.

With the above observation, this application is

disposed of.

V.RAMKUMAR,

JUDGE.

mrcs