IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8617 of 2010()
1. SHELBY,S/O.SHAJI @ SHAJAHAN,KOTTYAR
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/12/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No.8617 of 2010
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Dated this the 22nd day of December, 2010
O R D E R
Petitioner, who is the first accused in C.C.No.584/2008 on the file
of the Judicial First Class Magistrate Court, Kodungalloor, seeks
anticipatory bail.
2. Consequent on the non-appearance of the petitioner in C.C.
No.584/2008 on the file of the Judicial First Class Magistrate Court,
Kodungalloor, the case against the petitioner has been transferred to
the Long Pending Case Register as L.P. Case No.77/2008. Admittedly,
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 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.
V.RAMKUMAR, JUDGE.
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