High Court Kerala High Court

Navab.M vs State Of Kerala on 28 October, 2010

Kerala High Court
Navab.M vs State Of Kerala on 28 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6788 of 2010()


1. NAVAB.M,S/O.MOHAMMED IBRAHIM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REPRESENTED BY SUB
                       ...       Respondent

                For Petitioner  :SRI.BABU KARUKAPADATH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :28/10/2010

 O R D E R
                           V. RAMKUMAR, J.
               -------------------------------
                   Bail Application No.6788 of 2010
                -------------------------------
                         DATED: 28.10.2010

                               O R D E R

Petitioner, who is the 2nd accused in S.C.No.462/2001 on the
file of Principal Sessions Court, Thiruvananthapuram, seeks
anticipatory bail.

2. Consequent on the non-appearance of the petitioner in
S.C.No.462/2001 on the file of the Principal Sessions Court,
Thiruvananthapuram, the case against the petitioner has been
transferred to the Long Pending Case Register as L.P. Case
No.29/2004. 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 court below and seek regular bail. Accordingly, if the petitioner
surrenders before the court below 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.

sj