IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7556 of 2006()
1. SUNIL KUMAR, S/O.NATESAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.K.RAMAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/01/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 7556 OF 2006
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DATED THIS THE 1st DAY OF JANUARY, 2007
O R D E R
Petitioner who is the second accused in Crime No.886/97 of
Kayamkulam Police Station for offences punishable under sections 55
(a) and 55(g) of the Abkari Act for allegedly having been found in joint
possession of 10 litres of spirit on 26.11.1997, seeks anticipatory bail.
2. Admittedly, the case against the petitioner is pending
before the J.F.C.M., Kayamkulam which is the committal court as
L.P.No.44/2000 and non-bailable warrants of arrest are pending
against the petitioner. If so 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
committal court and seek regular bail. Accordingly, if the petitioner
surrenders before the Magistrate concerned and files an application for
regular bail, the same shall be considered and disposed of, preferably
on the same date on which it is filed, after considering the contention
of the petitioner that the co-accused in the case have already been
acquitted.
With this direction, this petition is dismissed.
V.RAMKUMAR, JUDGE
dsn