High Court Kerala High Court

Sabu.S vs State Of Kerala on 22 October, 2010

Kerala High Court
Sabu.S vs State Of Kerala on 22 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6861 of 2010()



1. SABU.S.
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.JINISH PAUL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/10/2010

 O R D E R
                          V. RAMKUMAR, J.
                -------------------------------
                 Bail Application No. 6861 of 2010
                -------------------------------
                    DATED: 22nd October, 2010

                              O R D E R

Petitioner who is the 3rd accused in Crime No. 341 of
1981 of Mala Police Station, for offences punishable under Sections
143, 147, 148, 324 and 149 read with Sec. 34 I.P.C., seeks
anticipatory bail.

2. Consequent on the non-appearance of the petitioner in
C.C.No. 184 of 1981 on the file of the J.F.C.M., Chalakkudy, the
case against the petitioner has been transferred to the Long
Pending Case Register as L.P. Case No.3 of 1984. 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 .

22nd October,2010                            V.RAMKUMAR, JUDGE.
ani