IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 817 of 2007()
1. K.SIDDIQUE @ BISMILLA SIDDIQUE
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/02/2007
O R D E R
V. RAMKUMAR, J.
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B. A. No.817 of 2007
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DATED: FEBRUARY 14, 2007
O R D E R
Petitioner who is the 11th accused in Crime No.705/2000 of Kasaragod
Police Station for offences punishable under secs.143, 147, 148, 324, 427 and
153(A) read with sec.149 I.P.C., seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner before the court
of C.J.M., Kasaragod, in C.C.No.499/2002, the case against him was split up
and re-filed as C.C.No.645/2006. Admittedly, non-bailable warrants of arrest
are pending against the petitioners. Anticipatory bail cannot be granted in a case
of this nature so as to nullify the process issued by a court of competent
jurisdiction. If the petitioners have a contention that accused Nos.1, 5, 6, 8, 9
and 12 faced the trial in C.C.No.499/2002 and were acquitted after trial, that is a
matter which he can profitably raise before the magistrate concerned. There is
no reason why the petitioner should not surrender before the concerned
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, after examining the contention of the petitioner that the
Bail A.No.817/2007 -:2:-
co-accused in the case have been acquitted after trial. Until such consideration,
non-bailable warrants of arrest, if any, pending against the petitioner shall not be
executed.
With the above observation this application is disposed of.
V.RAMKUMAR, JUDGE
mt/-