IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7232 of 2010()
1. SAHEER, S/O.VALIYAKATH KOCHU, CHOOLOOR
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 7232 of 2010
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DATED: 8th November, 2010
O R D E R
Petitioner who is the accused in Crime No. 336 of 2007 of
Mathilakam Police Station for offences punishable under Sections 279
and 304 A I.P.C. seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in
C.C. No. 643 of 2007 on the file of the J.F.C.M. Kodungallur, the case
against the petitioner has been transferred to the Long Pending Case
Register as L.P.Case No.129 of 2009. Admittedly, 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 .
Dated this the 8th day of November, 2010.
V.RAMKUMAR, JUDGE.
ani/