IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7118 of 2010()
1. SHIHABUDEEN, AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/11/2010
O R D E R
V.RAMKUMAR, J.
----------------------------------------------
Bail Application No.7118 of 2010
------------------------------------------------
Dated this the 11th day of November, 2010
ORDER
The petitioner, who is the accused in Crime No.81 of
2006 of Pooyappally Police Station for offences punishable
under Sections 341, 294(b), 323 & 506(i) I.P.C., seeks
anticipatory bail.
2. Consequent on the non-appearance of the
petitioner in C.C.No.880 of 2006 on the file of the Judicial
Magistrate of the First Class, Kottarakkara the case against
the petitioner has been transferred to the Long Pending Case
Register as L.P.No.37 of 2009. 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
Bail Appln.No.7118/2010
: 2 :
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
skj
