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Sherhabeel K.M. vs State Of Kerala Rep.By Public … on 18 May, 2010

Kerala High Court
Sherhabeel K.M. vs State Of Kerala Rep.By Public … on 18 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1834 of 2010()


1. SHERHABEEL K.M., S/O.MOIDUNNI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :18/05/2010

 O R D E R
                              K.HEMA, J.
                           ------------------
                       B.A. No. 1834 of 2010
                      -----------------------------
                Dated this the 18th day of May, 2010


                              O R D E R

This petition is for anticipatory bail.

2. Petitioner is second accused in the case. The alleged

offences are under Sections 143, 148, 341, 324, 328 and 307

read with Section 149 of the Indian Penal Code. The petitioner

appeared before the court on receipt of summons and the case

was committed to the Sessions Court. The petitioner appeared

before the Assistant Sessions judge also on receipt of summons.

But he got an employment in Mumbai and he was enable to

appear the court below on one of the posting date and hence,

non bailable warrant was issued against him. Petitioner

apprehends arrest and hence he seeks anticipatory bail.

3. Learned counsel for the petitioner submitted that the

petitioner is the only earning member of the family and he was

compelled to go to Mumbai for getting a job. His absence is not

wilful and hence he may be granted anticipatory bail.

4. Learned Public Prosecutor opposed the application and

B.A. No. 1834 of 2010 2

pointed out that the incident in the case as early as on

27.06.1998 and that trial is pending since petitioner absconded.

5. On hearing both sides, I find that the petitioner is

anticipating arrest, in the light of non bailable warrant lawfully

issued by the trial court. Warrant happened to be issued since he

fails to appear in court. The order by which warrant is issued is

not challenged in any proceedings and there is nothing to show it

is illegal. In such circumstances, petitioner is bound to appear

before the trial court and co-operate with the trial. If anticipatory

bail is granted, it will amount to interference with the lawful

proceedings of the trial court which is unjustified.

Hence petitioner shall appear before the trial court within 7

days from today and co-operate with the trial. In case the

petitioner moves for bail before the trial court, the court shall

dispose of the same as expeditiously as possible, preferably on

the same day.

Petition is dismissed.

K. HEMA, JUDGE

B.A. No. 1834 of 2010 3

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