Sanafar vs State Of Kerala on 24 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7455 of 2010()


1. SANAFAR,S/O.ABU,VALIYAKATH,VELLANCHIRA,
                      ...  Petitioner
2. SHAHUL HAMEED,S/O.KUNJIMON,VALIJAKATH,

                        Vs



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

                For Petitioner  :SRI.M.SHAJU PURUSHOTHAMAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/11/2010

 O R D E R
                        V.RAMKUMAR, J.
             ----------------------------------------------
             Bail Application No.7455 of 2010
            ------------------------------------------------
        Dated this the 24th day of November, 2010

                               ORDER

The petitioners, who are accused Nos.16 & 35 in

S.C.No.522 of 2006 on the file of the Additional Assistant

Sessions Court, Irinjalakuda, seek anticipatory bail.

2. Admittedly non-bailable warrants of arrest are

pending against the petitioners. Anticipatory bail cannot be

granted to nullify the process issued by a court of competent

jurisdiction. There is no reason why the petitioners should not

surrender before the Additional Assistant Sessions Court,

Irinjalakuda, and seek regular bail. Accordingly, if the

petitioners surrender 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 date on which it is filed notwithstanding the pendency of

non-bailable warrants of arrest against the petitioners.

This Bail Application is, accordingly, disposed of.

V.RAMKUMAR, JUDGE

skj