IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1607 of 2007()
1. G.M.HASSAN, S/O G.M.MOIDU,
... Petitioner
Vs
1. THE STATE OF KERALA(CRIME NO.331/2001 OF
... Respondent
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/03/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 1607 OF 2007 A
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Dated this the 16th day of March, 2007
O R D E R
Petitioner, who is the 7th accused in Crime No.331/01 of
Kasaragod Police Station for offences punishable under sections 143, 147,
148, 435, 506(ii) and 427 read with section 149 IPC, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in
C.C.No.42/02, the case against him was split up and refiled as C.C.No.245/06
before the CJM, 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 concerned and seek
regular bail. Accordingly, if the petitioner surrenders before the Magistrate
concerned 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, after examining the explanation offered by the
petitioner for his previous non-appearance and also after considering his
contention that the co-accused in the case has been acquitted after trial.
This application is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks