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HASAN, S/O.HAMZA versus STATE OF KERALA

High Court of Kerala

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HASAN, S/O.HAMZA v. STATE OF KERALA - Bail Appl No. 7284 of 2006 [2006] RD-KL 2912 (8 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7284 of 2006()

1. HASAN, S/O.HAMZA,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.SAJAN VARGHEESE K.

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :08/12/2006

O R D E R

V.RAMKUMAR, J.

B.A.No.7284 OF 2006

DATED THIS THE 8TH DAY OF DECEMBER, 2006

O R D E R

Petitioner, who is the sole accused in C.C.9/01 on the file of J.F.C.M., Mannarkkad for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail.

2. Admittedly, consequent on the non-appearance of the petitioner before the trial court, non-bailable warrant of arrest is pending against him. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. But at the same time the petitioner ought to be given an opportunity to seek regular bail from the trial court. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within one week 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. With the above direction, this petition is dismissed.

V.RAMKUMAR, JUDGE

dsn


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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