Bharath Raj vs State Of Kerala Represented on 1 January, 2011

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Kerala High Court
Bharath Raj vs State Of Kerala Represented on 1 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8715 of 2010()


1. BHARATH RAJ,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/01/2011

 O R D E R
                              V. RAMKUMAR, J.
                    -------------------------------
                     Bail Application No. 8715 of 2010
                    -------------------------------
                             DATED: 7-1-2011

                                   O R D E R

Petitioner who is the 2nd accused in Crime No. 100 of 2008 of
Adhur Police Station for offences punishable under Sections 341, 427
and 308 read with Sec. 34 I.P.C. seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner before
the J.F.C.M. I, Kasaragod, the case against the petitioner has been
transferred to the Long Pending Case Register as L.P. Case No. 59 of
2009. 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 .

Sd/-V.RAMKUMAR, JUDGE.

ani/                          /true copy/


                                          P.S. to Judge

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