High Court Kerala High Court

Thulasidharan.K vs State Of Kerala on 6 March, 2009

Kerala High Court
Thulasidharan.K vs State Of Kerala on 6 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1230 of 2009()



1. THULASIDHARAN.K
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.SAIJO HASSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/03/2009

 O R D E R
                       V. RAMKUMAR, J.
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                       B.A. No. 1230 of 2009
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            Dated this the 6th day of March, 2009

                             O R D E R

Petitioner who is the accused in C.C.No.837/2007 on the file of

the Judicial First Class Magistrate Court, Chalakkudy for offences

punishable under Sections 381, 408 and 409 IPC seeks anticipatory

bail.

2. Consequent on the non-appearance of the petitioner

before the court below 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,

notwithstanding the pendency of non-bailable warrants of arrest

against the petitioner.

With the above observation this application is disposed of .

V. RAMKUMAR,
JUDGE.

mn.