High Court Kerala High Court

K.Udayan vs State Of Kerala on 5 January, 2011

Kerala High Court
K.Udayan vs State Of Kerala on 5 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8499 of 2010()


1. K.UDAYAN, AGED 29 YEARS, S/O.
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/01/2011

 O R D E R
                            V. RAMKUMAR, J.
             ------------------------------------------------------
                 Bail Application No.8499 of 2010
            --------------------------------------------------------
              Dated this the 5th day of January, 2011

                                   ORDER

The petitioner, who is accused No.3 in Crime No.627 of 2003 of

Kasaragod Police Station, seeks anticipatory bail.

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

L.P.C.No.13 of 2008 on the file of the Judicial Magistrate of the First

Class-I, Kasaragod, 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 notwithstanding the

pendency of non-bailable warrants of arrest against the petitioner and

also after considering the explanation offered by the petitioner for his

previous non-appearance.

With the above observation this application is disposed of .

V.RAMKUMAR, JUDGE.

skj