High Court Kerala High Court

Harikumar vs S.I Of Police on 4 October, 2010

Kerala High Court
Harikumar vs S.I Of Police on 4 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6006 of 2010()


1. HARIKUMAR, S/O.CHANDRAN PILLAI,
                      ...  Petitioner

                        Vs



1. S.I OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.C.K.MOHANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/10/2010

 O R D E R
                         V. RAMKUMAR, J.
               -------------------------------
                 Bail Application No.6006 of 2010
               -------------------------------
                        DATED: 4.10.2010

                             O R D E R

Petitioner, who is the sole accused in Crime No.108/2002 of
Malayinkeezhu Police Station for offences punishable under
Secs.143,147,148,448 and 427 I.P.C., seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner
before the J.F.C.M, Kattakkada, the case against the petitioner has
been transferred to the Long Pending Case Register as L.P. Case
No.37/2008. 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 .

V.RAMKUMAR, JUDGE.

sj