IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7513 of 2006()
1. O.V.FIRAD, S/O. LATE IBRAHIM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.M.PAREETH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/12/2006
O R D E R
V. RAMKUMAR, J.
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B. A. No.7513 of 2006
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DATED: DECEMBER 19, 2006
O R D E R
Petitioner who is the 2nd accused in Crime
No.200/1999 of Mattannur Police Station for an offence
punishable under Sec.55(a) of the Abkari Act, seeks
anticipatory bail.
2. Consequent on the non-appearance of the petitioner
in C.P.No.61/2002 before the J.F.C.M., Mattannur, the case
against him has been split up and transferred to the long
pending register as L.P.C.66/2004. Admittedly non-
bailable warrant of arrest is pending against the
petitioner. Anticipatory bail cannot be granted in a case
like this so as to nullify the process issued by a court of
competent jurisdiction. But at the same time I am of the
view that the petitioner should be given an opportunity to
surrender before the committal court and seek regular bail
after putting forward his contentions. Accordingly, if
the petitioner surrenders before the committal court and
files an application for regular bail within ten days from
today, the same shall be considered and disposed of
preferably on the same day on which it is filed after
examining the contention of the petitioner based on the
decision reported in Sooraj v. Excise Inspector – 2002 (2)
Bail A.No.7513/2006 -:2:-
KLT Case No.125 and also after examining his grievance that
he did not receive summons in the case.
With the above observation this application is disposed
of.
V.RAMKUMAR, JUDGE.
mt/-