IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2019 of 2010()
1. ASHRAF @ ACHU, S/O.ABDULLA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/04/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 2019 of 2010
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Dated this the 6th day of April, 2010.
O R D E R
Petitioner who is the 6th accused in Crime No. 34 of 2009 of
Badiyaduka Police Station for offences punishable under Sections 143,
147, 148, 452, 354, 427 and 308 r/w section 149 I.P.C., seeks
anticipatory bail.
2. Consequent on the non-appearance of the petitioner in
C.P. No. 147 of 2009 on the file of the Judicial First Class Magistrate-I,
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 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 after considering the explanation offered by the
petitioner for his previous non-appearance, notwithstanding the
pendency of non-bailable warrants of arrest against the petitioner.
With the above observation this application is disposed of .
Dated this the 6th day of April, 2010.
V.RAMKUMAR, JUDGE.
rv