High Court Kerala High Court

Shaji vs State Of Kerala on 12 January, 2011

Kerala High Court
Shaji vs State Of Kerala on 12 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 316 of 2011()


1. SHAJI, S/O. VASUDEVAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.M.SHAJU PURUSHOTHAMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/01/2011

 O R D E R
                    V. RAMKUMAR, J.
                 -------------------------------
            Bail Application No. 316 of 2011
                  -------------------------------
        Dated this the 12th day of January, 2011

                          O R D E R

Petitioner who is the accused in Crime No. 202 of

2008 of Vellayil Police Station, Kozhikode for offences

punishable under Sections 341, 323 and 506 (1) of I.P.C.,

seeks anticipatory bail.

2. Consequent on the non-appearance of the

petitioner in C.C. No. 732 of 2008 on the file of the

J.F.C.M-IV, Kozhikode, 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

Bail A.No. 316 of 2011 -:2:-

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 12th day of January, 2011.

Sd/- V.RAMKUMAR, JUDGE.

ani/

/true copy/

P.S. to Judge