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Musthafa vs The Sub Inspector Of Police on 28 February, 2007

Kerala High Court
Musthafa vs The Sub Inspector Of Police on 28 February, 2007
       

  

  

 
 
  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.

                              - - - - - - - - - - - - - - - - -

                    BAIL APPLICATION NO. 1160  OF 2007

                  - - - - - - - - - ----------------------- - - - - - -

                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

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