IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 584 of 2007() 1. MUNNA, S/O. MOHAMMED @ KULLA MOHAMMED, ... Petitioner Vs 1. THE STATE OF KERALA, REPRESENTED BY ... Respondent For Petitioner :SRI.K.K.MOHAMED RAVUF For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice V.RAMKUMAR Dated :02/02/2007 O R D E R V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 584 OF 2007 ```````````````````````````````````````````````````` Dated this the 2nd day of February, 2007 O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner,
who is the 2nd accused in Crime No.712/00 of Kasaragod Police Station
for offences punishable under Secs.143, 147, 148, 427 and 153A read
with section 149 I.P.C., seeks anticipatory bail.
2. I heard the learned counsel for the petitioner and the
learned Public Prosecutor.
3. Admittedly, consequent on the non-appearance of the
petitioner before the CJM, Kasaragod in C.C.No.13/2003, the case
against him has been split up and transferred to the LPC register as
LPC.No.156/06. After the disposal of C.C.No.13/03, the case against
the petitioner has been re-filed as C.C.No.500/06. Admittedly, a non-
bailable warrant is pending against the petitioner. According to the
petitioner, the co-accused in the case has been acquitted after trial.
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 CJM, Kasaragod and seek regular bail.
Accordingly, if the petitioner surrenders before the CJM, Kasaragod and
BA.584/07
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files an application for regular bail within a period of two weeks from
today, the same shall be considered and disposed of despite the NBW,
if any, pending against him, preferably on the same day on such an
application for bail is filed, after examining the explanation offered by the
petitioner for his previous non-appearance, after considering his
contentions that the co-accused in the case has been acquitted.
This petition is disposed of as above.
(V. RAMKUMAR, JUDGE)
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