N.Maheshkumar vs State Represened By Public … on 23 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8436 of 2010()


1. N.MAHESHKUMAR, AGED 32 YEARS
                      ...  Petitioner

                        Vs



1. STATE REPRESENED BY PUBLIC PROSECUTOR
                       ...       Respondent

2. THE STATION HOUSE OFFICER

                For Petitioner  :SRI.K.P.HARISH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/12/2010

 O R D E R
                           V. RAMKUMAR, J.
                     -------------------------------
                   Bail Application No.8436 2010
                  -------------------------------------
          Dated this the 23rd day of December, 2010

                               O R D E R

Petitioner, who is the accused in C.C.No.509/2005 on the file

of the Chief Judicial Magistrate Court, Kasaragod, seeks anticipatory

bail.

2. Consequent on the non-appearance of the petitioner in

C.C.No.509/2005 on the file of the Chief Judicial Magistrate Court,

Kasaragod, the case against the petitioner has been transferred to

the Long Pending Case Register as L.P. Case No.35/2008. Admittedly,

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 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.

With the above observation this application is disposed of.

V.RAMKUMAR, JUDGE.

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