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.
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BAIL APPLICATION NO. 182 OF 2007
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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