IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2025 of 2007()
1. HAMSA, S/O HYDROS, MELETHIL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 2025/2007
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Dated this 29th day of March, 2007
O R D E R
The petitioner, who is the first accused in Crime
No.32/1993 of Cherupllassery Police Station for an offence
punishable under Section 420 IPC read with Section 34 IPC,
seeks anticipatory bail.
2. Consequent on the non appearance of the petitioner
in C.C.No.144/1996 on the file of the J.F.C.M, Ottappalam, the
case against him was transferred to the long pending register as
L.P.No.1/1999. Non bailable warrants of arrest are pending
against the petitioner.
3. 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 concerned 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 examining the explanation offered
by the petitioner for his previous non appearance and also after
B.A.2025/2007
2
considering his contention that the co-accused in the case has
been acquitted after trial. Until such consideration, non bailable
warrants of arrest, if any, pending against the petitioner shall
not be executed.
The application is disposed of as above.
V.RAMKUMAR,
JUDGE
mrcs