Shareef vs State Of Kerala on 15 January, 2007

Kerala High Court
Shareef vs State Of Kerala on 15 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 182 of 2007()


1. SHAREEF, S/O. MOHAMMED,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.K.P.SUDHEER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :15/01/2007

 O R D E R
                              V. RAMKUMAR, J.

                         - - - - - - - - - - - - - - - - -

                 BAIL APPLICATION NO. 182  OF 2007

              - - - - - - - - - ----------------------- - - - - - -

           DATED THIS THE 15th DAY OF JANUARY, 2007


                                  O R D E R

Petitioner who is the 4th accused in Crime No.104/91 of

Tirurangadi Police Station for offences punishable under sections

143, 147, 148, 323 and 324 read with section 149 IPC, seeks

anticipatory bail.

2. Admittedly, the case against the petitioner has been

transferred to the long pending register, registered as

L.P.C.No.43/05 on the file of J.F.C.M., Parappananadi and non-

bailable warrants of arrest are pending against the petitioner.

Anticipatory bail cannot be granted so as 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 and file an application for

regular bail within two weeks from today, the same shall be

considered and disposed of on merits, despite the non-bailable

warrant of arrests pending and shall be disposed of preferably on

the same date on which it is filed after examining the grievance

BA.182/07

Page numbers

of the petitioner that no summons was received by the petitioner

and also after examining the contention of the petitioner that the

co-accused in the case have already been acquitted.

With this direction, this petition is disposed of.

V.RAMKUMAR, JUDGE

dsn

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