High Court Kerala High Court

O.A.Ismail vs State Of Kerala on 4 June, 2007

Kerala High Court
O.A.Ismail vs State Of Kerala on 4 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3285 of 2007()


1. O.A.ISMAIL, S/O ALI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/06/2007

 O R D E R
                                 V. RAMKUMAR, J.

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                             B.A. No. 3285 OF 2007 A

                     ````````````````````````````````````````````````````

                      Dated this the 4th day of June, 2007


                                       O R D E R

Petitioner, who is the 5th accused in Crime No.225/2000 of

Kumbla Police Station for offences punishable under Secs.143 and 147

read with sec.149 I.P.C. and section 4 of PDPP Act, seeks anticipatory

bail.

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

C.C. No.301/2004 on the file of the J.F.C.M., Kasaragod, the case

against the petitioner has been transferred to the Long Pending Case

Register as L.P. Case No.18/2006. 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, 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)

aks