High Court Kerala High Court

B.Thimmappa @ Thilakraj vs State Of Kerala on 15 October, 2010

Kerala High Court
B.Thimmappa @ Thilakraj vs State Of Kerala on 15 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6658 of 2010()


1. B.THIMMAPPA @ THILAKRAJ,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :15/10/2010

 O R D E R
                        V. RAMKUMAR, J.
                * * * * * * * * * * * * * * * * * *
                Bail Application No.6658 of 2010
                * * * * * * * * * * * * * * * * * *
                        Dated: 15.10.2010

                              ORDER

Petitioner, who is the sole accused in Crime No.30/2007

of Kumbla Excise Range, seeks anticipatory bail. Consequent

on the non-appearance of the petitioner before the J.F.C.M-I,

Kasaragod, the case against him was re-filed as C.P.No.443/2010

Admittedly, non-bailable warrant of arrest are pending against

the petitioner.

2. 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 court below 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 notwithstanding the pendency of

non-bailable warrants of arrest against the petitioner.

This Bail Application is, accordingly, disposed of.

V. RAMKUMAR,(JUDGE)
sj