High Court Kerala High Court

Abdul Vahab vs State Of Kerala on 18 January, 2007

Kerala High Court
Abdul Vahab vs State Of Kerala on 18 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 136 of 2007()


1. ABDUL VAHAB, S/O.MUHAMMED KUNHIL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/01/2007

 O R D E R
                               V. RAMKUMAR, J.


                              -------------------------------


                       Bail Application No. 136 of 2007


                              -------------------------------


                        DATED:  January  18th,  2007


                                   O R D E R

Petitioner who is the Ist accused in Crime No. 397 of

1991 of Payyannur Police Station for offences punishable under

Sections 143, 147, and 43 read with Sec. 149 I.P.C. , seeks

anticipatory bail.

2. Consequent on the non-appearance of the petitioner in

C.C.483/1993 before the J.F.C.M., Payyannur, the case against

him was split up and re-filed as C.C. 187/97. Admittedly non-

bailable warrants of arrest are pending against the petitioner.

4. Anticipatory bail cannot be granted in a case of this

nature so as to nullify the process issued by a court of

competent jurisdiction. There is no reason why the petitioner

should not surrender before the trial court and seek regular bail.

Accordingly, if the petitioner surrenders before the trial court and

files an application for regular bail within three weeks from today,

the same shall be considered and disposed of preferably on the

same date on which it is filed after examining the contention of

Bail A.No.136 of 2007 -:2:-

the petitioner that the co-accused in the case have already been

acquitted.

With the above observation this application is disposed of.

                                           V.RAMKUMAR,    JUDGE.





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