IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6412 of 2010()
1. SUNILKUMAR @ PODIYAN,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.SHAJIN S.HAMEED
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/10/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 6412 of 2010
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Dated this the 8th day of October, 2010
ORDER
Petitioner, who is the 4th accused in Crime No.43/2002 of
Kazhakuttom Police Station for offences punishable under
Sections 143, 147, 148 and 307 I.P.C read with Section 3 and 5
of the Explosive Substances Act, 1908 and Section 27 of the Arms
Act, seeks anticipatory bail. Consequent on the non-appearance
of the petitioner before the J.F.C.M Court-III, Thiruvananthapuram
in C.P.No.30/2010, non-bailable warrant of arrest are pending
against the petitioner.
2. 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 J.F.C.M
Court-III, Thiruvananthapuram and seek regular bail. Accordingly,
if the petitioner surrenders before the J.F.C.M Court-III,
Thiruvananthapuram and files an application for regular bail
within two weeks from today, the same shall be considered and
disposed of, preferably, on the same date on which it is filed
notwithstanding the pendency of non-bailable warrants of arrest
against the petitioner.
This Bail Application is, accordingly, disposed of.
V. RAMKUMAR,
(JUDGE)
dmb