IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1003 of 2007(M)
1. MAHESH, S/O. MOHANAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/02/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 1003 OF 2007
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DATED THIS THE 26th DAY OF FEBRUARY, 2007
O R D E R
Petitioner who is the 4th accused in Crime No.128/05 of
Peroorkada Police Station for offences punishable under sections 447,
323, 324 and 308 read with section 34 IPC, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in
C.P.No.44/06 on the file of the J.F.C.M.-II, Thiruvananthapuram, the
case against him was re-filed and numbered as C.P.No.26/07.
Admittedly, non-bailable warrants of arrest are pending against the
petitioner. Anticipatory bail cannot be granted yo nullify the process
issued by a court of competent jurisdiction. There is no reason why
the petitioner should not surrender before the Magistrate concerned
and seek regular bail. Accordingly, if the petitioner surrenders before
the Magistrate concerned 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, after
considering the explanation offered by the petitioner for his previous
non-appearance.
This application is disposed of as above.
V.RAMKUMAR, JUDGE
dsn
