IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7101 of 2006()
1. GEORGEKUTTY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.ARUN RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/12/2006
O R D E R
V.RAMKUMAR, J.
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B.A.No. 7101 OF 2006
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DATED THIS THE 5TH DAY OF DECEMBER, 2006
O R D E R
Petitioner who is the first accused in Crime No.200/92 of
Ezhukone Police Station for offences punishable under sections
120B, 457, 380 and 411 IPC, seeks anticipatory bail.
2. Admittedly, due to the non-appearance of the
petitioner before the trial court, viz; J.F.C.M., Punalur, the case
against him was split up and re-filed and subsequently
transferred to the long pending register, where it has been
numbered as L.P.No.30/02. Admittedly, non-bailable warrant of
arrest is 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 concerned and seek regular bail.
Accordingly, if the petitioner surrenders before the Magistrate
concerned and files an application for regular bail, within 10 days
from today, the same shall be considered and disposed of,
preferably on the same date on which it is filed after considering
BA.7101/06
Page numbers
the petitioner’s explanation for his previous non-appearance and
also the contention that the co-accused in the case have been
acquitted.
With this observation, this petition is dismissed.
V.RAMKUMAR, JUDGE
dsn