IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6989 of 2010()
1. RATHEESH @ JAYAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/10/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 6989 2010
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DATED: 28-10-2010
O R D E R
Petitioner who is the accused in Crime No. 431 of 2002
of Kadackal Police Station for offences punishable under
Sections 324, 326, 308 and 427 read with Sec. 34 I.P.C.,
seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner
in C.P. No. 80 of 2005 on the file of the J.F.C.M. II,
Kottarakkara, the case against the petitioner has been
transferred to the Long Pending Case Register as L.P. Case
No. 74 of 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
Bail A.No.6989 of 2010 -:2:-
surrender before the Magistrate and seek regular bail.
Accordingly, if the petitioner surrenders before the Magistrate
and files an application for regular bail within three 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 .
Dated this the 28th day of October, 2010.
V.RAMKUMAR, JUDGE.
