High Court Kerala High Court

Gopalan vs The State Of Kerala on 12 January, 2007

Kerala High Court
Gopalan vs The State Of Kerala on 12 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 131 of 2007()


1. GOPALAN, S/O. VASU,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SMT.T.SUDHAMANI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/01/2007

 O R D E R
                                V. RAMKUMAR, J.

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                  BAIL APPLICATION NO.131 OF 2007

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             DATED THIS THE 12th DAY OF JANUARY, 2007


                                    O R D E R

Petitioner who is the accused in Crime No.193/03 of

Rajapuram Police Station for an offence punishable under section 55

(g) of the Abkari Act for allegedly having been found in possession of

25 litres of wash on 27.10.2003, seeks anticipatory bail.

2. Admittedly, the case which was taken on file by the

J.F.C.M.-II, Hosdurg as C.P.No.35/05 could not be proceeded with due

to the abscondence of the petitioner whose case has been transferred

to the long pending register as L.P.C.No.53/06 now pending before the

J.F.C.M.-I, Hosdurg. Anticipatory bail cannot be granted so as 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 date on which it is filed.

With this direction, this petition is disposed of.

V.RAMKUMAR, JUDGE

dsn