IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1160 of 2007()
1. MUSTHAFA, S/O.MOIDEENKUTTY,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/02/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 1160 OF 2007
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DATED THIS THE 28th DAY OF FEBRUARY, 2007
O R D E R
Petitioner who is the 8th accused in Crime No.298/87 of
Perinthalmanna Police Station for offences punishable under sections 143,
147, 353 and 379 read with section 149 IPC, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in
C.C.No.26/89 on the file of J.F.C.M.-II, Perinthalmanna, the case against
him was split up and transferred to the long pending register as
L.P.No.21/89. Admittedly, non-bailable warrants of arrest are pending
against the petitioner.
3. 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, after examining the explanation offered by the petitioner
for his previous non-appearance and also after considering the contention
of the petitioner that the co-accused in the case have been acquitted after
trial.
This application is disposed of as above.
V.RAMKUMAR, JUDGE
dsn
