O.V.Shabareesh vs State Of Kerala Represented on 18 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 216 of 2011()


1. O.V.SHABAREESH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/01/2011

 O R D E R
                      V. RAMKUMAR, J.
            ---------------------------------------------
             Bail Application No.216 of 2011
           ----------------------------------------------
        Dated this the 18th day of January, 2011

                             ORDER

The petitioner, who is accused No.5 in Crime No.47 of

2006 of Kannapuram Police Station, Kannur, seeks

anticipatory bail.

2. Consequent on the non-appearance of the

petitioner in S.C.No.410 of 2007 on the file of the Sessions

Court, Thalassery, 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 Sessions Judge

and seek regular bail. Accordingly, if the petitioner

surrenders before the Sessions Judge 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

B.A.No.216/2011
2

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.

skj