IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1074 of 2007()
1. SRI.UMMER, S/O.KUNHIMOHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH SUB INSPECTOR
... Respondent
For Petitioner :SRI.DEVIDAS.U.K
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/03/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 1074 OF 2007
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Dated this the 1st day of March, 2007
O R D E R
Petitioner, who is the 2nd accused in Crime No.356/02 of
Areacode Police Station for offences punishable under Sections 465 and 468
read with section 34 IPC, seeks anticipatory bail.
2. The case of the prosecution is that on 21.11.2002 at about
10.30 a.m. the police patrol party stumbled upon the first accused carrying
river sand illicitly on the basis of a forged pass and on interrogation he
revealed that the pass furnished by him was given by one Babu, who in turn
was given the pass by the petitioner.
3. Consequent on the non-appearance of the petitioner in
C.C.No.375/2004 on the file of the CJM, Manjeri, 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
concerned and seek regular bail. Accordingly, if the petitioner surrenders
before the Magistrate concerned and files an application for regular bail,
within one month from today, the same shall be considered and disposed of,
preferably on the same date on which it is filed, after examining the
explanation offered by the petitioner for his previous non-appearance.
This application is disposed of as above.
(V. RAMKUMAR, JUDGE)
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