IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 131 of 2007()
1. GOPALAN, S/O. VASU,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/01/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO.131 OF 2007
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DATED THIS THE 12th DAY OF JANUARY, 2007
O R D E R
Petitioner who is the accused in Crime No.193/03 of
Rajapuram Police Station for an offence punishable under section 55
(g) of the Abkari Act for allegedly having been found in possession of
25 litres of wash on 27.10.2003, seeks anticipatory bail.
2. Admittedly, the case which was taken on file by the
J.F.C.M.-II, Hosdurg as C.P.No.35/05 could not be proceeded with due
to the abscondence of the petitioner whose case has been transferred
to the long pending register as L.P.C.No.53/06 now pending before the
J.F.C.M.-I, Hosdurg. Anticipatory bail cannot be granted 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
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 date on which it is filed.
With this direction, this petition is disposed of.
V.RAMKUMAR, JUDGE
dsn