High Court Kerala High Court

V.P.Farooque vs S.I. Of Police on 21 December, 2006

Kerala High Court
V.P.Farooque vs S.I. Of Police on 21 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7561 of 2006()


1. V.P.FAROOQUE, S/O.V.HAMZA,
                      ...  Petitioner

                        Vs



1. S.I. OF POLICE, KANNUR TOWN,
                       ...       Respondent

                For Petitioner  :SRI.M.SANTHOSHKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/12/2006

 O R D E R
                                  V.RAMKUMAR, J.

                        -------------------------------------

                              B.A.No. 7561 OF  2006

              -----------------------------------------------------------

             DATED THIS THE 21ST  DAY OF DECEMBER, 2006


                                      O R D E R

Petitioner seeks anticipatory bail on the ground that

non-bailable warrant of arrest has been issued against him by the

J.F.C.M.-I, Kannur in C.C.No.440/05 which is pending before that court

for an offence punishable under section 420 read with section 34 IPC.

The case originated from Crime No.521/05 of Kannur Town Police

Station.

2. In as much as non-bailable warrants of arrest are pending

against the petitioner, anticipatory bail cannot be granted so as 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 same date on which it is filed after

considering the grievance of the petitioner that he did not receive

summons in the case.

With this direction, this petition is disposed of.

V.RAMKUMAR, JUDGE

dsn