Munna vs The State Of Kerala on 2 February, 2007

       

  

  

 
 
  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.


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                                B.A. No. 584 OF 2007

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                   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

2

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)

aks