High Court Kerala High Court

Valsan vs State Of Kerala on 2 March, 2007

Kerala High Court
Valsan vs State Of Kerala on 2 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1285 of 2007()


1. VALSAN, S/O. VELAYUDHAN, AGED 44,
                      ...  Petitioner
2. THOMAS, S/O. OUSEPH, AGED 38,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JAIJI ITTEN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/03/2007

 O R D E R
                                 V. RAMKUMAR, J.

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

                 BAIL APPLICATION NO. 1285  OF 2007

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

               DATED THIS THE 2nd DAY OF MARCH, 2007


                                     O R D E R

Petitioners who are accused Nos.2 and 4 in Crime No.342/99 of

Kalady Police Station for offences punishable under sections 55(b) and

55(g) of the Abkari Act read with section 25(1)B(a) of the Arms Act,

1959, seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioners in

C.P.No.1/07 on the file of J.F.C.M., Perumbavoor, non-bailable

warrants of arrest are pending against them.

3. Anticipatory bail cannot be granted to nullify the process

issued by a court of competent jurisdiction. There is no reason why

the petitioners should not surrender before the committal court and

seek regular bail. Accordingly, if the petitioners surrender before the

Magistrate and file 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 explanation

offered by the petitioners for their previous non-appearance.

This application is disposed of as above.

V.RAMKUMAR, JUDGE

dsn