High Court Kerala High Court

Kabir And Another vs The S.I.Of Police on 3 December, 2010

Kerala High Court
Kabir And Another vs The S.I.Of Police on 3 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8082 of 2010()



1. KABIR AND ANOTHER
                      ...  Petitioner

                        Vs

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

                For Petitioner  :SRI.P.V.ELIAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :03/12/2010

 O R D E R
                       V.RAMKUMAR, J.
            ----------------------------------------------
             Bail Application No.8082 of 2010
           ------------------------------------------------
       Dated this the 03rd day of December, 2010

                              ORDER

The petitioners, who are accused Nos.1 & 3 in Crime

No.55 of 2006 of Muvattupuzha Police Station, for

offences punishable under Sections 341, 323, 324 & 427

read with Section 34 I.P.C., seek anticipatory bail.

2. Consequent on the non-appearance of the

petitioners in C.C.No.266 of 2006 on the file of the

Judicial Magistrate of the First Class-I, Muvattupuzha,

non-bailable warrants of arrest are pending against the

petitioners. Anticipatory bail cannot be granted to

nullify the process issued by a court of competent

jurisdiction. There is no reason why the petitioners

should not surrender before the Magistrate and seek

regular bail. Accordingly, if the petitioners surrender

before the Magistrate and file an application for regular

bail within two weeks from today, the same shall be

considered and disposed of preferably on the same day

Bail Appln.No.8082/2010
: 2 :

on which it is filed notwithstanding the pendency of non-

bailable warrants of arrest against the petitioners and

also after considering the explanation offered by the

petitioners for their previous non-appearance, if any.

With the above observation this application is

disposed of.

V.RAMKUMAR, JUDGE

skj