Mujeeb vs State Of Kerala on 10 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7321 of 2010()


1. MUJEEB S/O.MUHAMMAD,KUNNATH VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.P.K.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :10/11/2010

 O R D E R
                       V.RAMKUMAR, J.
            ----------------------------------------------
            Bail Application No.7321 of 2010
           ------------------------------------------------
        Dated this the 10th day of November, 2010

                              ORDER

The petitioner, who is accused No.13 in Crime No.85

of 1998 of Town Police Station, Kozhikode for offences

punishable under Sections 143, 147 & 506(1) read with

Section 149 I.P.C. and Sec.3(2)(c) of PDPP Act, seeks

anticipatory bail.

2. Consequent on the non-appearance of the

petitioner in C.C.No.239 of 2005 on the file of the Chief

Judicial Magistrate, Kozhikode, 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

Bail Appln.No.7321/2010
: 2 :

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,

if any.

With the above observation this application is

disposed of.

V.RAMKUMAR, JUDGE

skj