High Court Kerala High Court

Satheesh vs The State Of Kerala on 15 February, 2007

Kerala High Court
Satheesh vs The State Of Kerala on 15 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 898 of 2007()


1. SATHEESH, S/O. SIVADASAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.G.SUKUMARA MENON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :15/02/2007

 O R D E R
                                  V. RAMKUMAR, J.


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                                B.A. No. 898 OF 2007

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                   Dated this the 15th day of February, 2007


                                        O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is

the first accused in Crime No.202/2005 of Ezhukone Police Station for

offences punishable under Sections 341, 323 and 506(ii) read with section 34

I.P.C., seeks anticipatory bail. The occurrence took place on 10.6.2005.

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

C.C.No.824/2005 before the JFCM-I, Kottarakkara, non-bailable warrants of

arrest are pending against the petitioner, who is stated to be abroad at

present. 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 concerned and seek regular bail.

Accordingly, if the petitioner surrenders before the Magistrate concerned and

files an application for regular bail, 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.

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks