High Court Kerala High Court

Mahesh vs State Of Kerala on 29 October, 2010

Kerala High Court
Mahesh vs State Of Kerala on 29 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6798 of 2010()


1. MAHESH, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.VINCENT JOSEPH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/10/2010

 O R D E R
                        V. RAMKUMAR, J.
                    -------------------------------
             Bail Application No. 6798 of 2010
             ----------------------------------------------
             DATED: 29th day of October, 2010

                             O R D E R

Petitioner, who is the 2nd accused in Crime No.216/1999 of

Kurathikad Police Station for offences punishable under Sections

143, 147, 149, 324, 452, 427 and 308 I.P.C., seeks anticipatory

bail.

2. Consequent on the non-appearance of the petitioner

in C.C.No.118/2002 on the file of the J.F.C.M Court-I, Mavelikkara,

the case against the petitioner has been transferred to the Long

Pending Case Register as L.P. Case No.157/2002. 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.

dmb