Jimshil vs State Of Kerala on 1 June, 2010

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Kerala High Court
Jimshil vs State Of Kerala on 1 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3074 of 2010()


1. JIMSHIL, S/O.ABDUL JABBAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.M.ASOKAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/06/2010

 O R D E R
                          V. RAMKUMAR, J.
               -------------------------------
                  Bail Application No.3074 of 2010
                -------------------------------
                         DATED: 01.06.2010

                               O R D E R

Petitioner who is the 6th accused in Crime No.33/2006 of
Koduvalli Police Station for offences punishable under Sections 450
and 375 IPC seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner
before the J.F.C.M-I, Thamarassery, the case against the petitioner
has been re-filed as C.P. No.11/2010. 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, 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

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