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
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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
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