Mohammed Alsab vs Senior Intelligence Officer on 22 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6580 of 2010()


1. MOHAMMED ALSAB,
                      ...  Petitioner

                        Vs



1. SENIOR INTELLIGENCE OFFICER
                       ...       Respondent

                For Petitioner  :SRI.M.SHAIJU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/10/2010

 O R D E R
                        V. RAMKUMAR, J.
                  * * * * * * * * * * * * * * * * * *
             Bail Application No. 6580 of 2010
                 * * * * * * * * * * * * * * * * * *
             Dated : 22nd day of October, 2010

                               ORDER

Petitioner, who is the 1st accused in

O.R.04/08/DRI/CRU/Kozhikode on the file of the Additional Chief

Judicial Magistrate (E.O) Court, Ernakulam for an offence

punishable under Section 135 (i) (ii) of the Customs Act, 1962,

seeks anticipatory bail. Consequent on the non-appearance of

the petitioner before the said court, non-bailable warrant of arrest

are pending against the petitioner.

2. 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 date on

which it is filed notwithstanding the pendency of non-bailable

warrants of arrest against the petitioner.

This Bail Application is, accordingly, disposed of.

V. RAMKUMAR,
(JUDGE)
dmb