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CHITHRESH, CHITRALAYAM v. STATE OF KERALA - Bail Appl No. 7566 of 2006  RD-KL 3511 (15 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 7566 of 2006()
1. CHITHRESH, CHITRALAYAM,
1. STATE OF KERALA,
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B.A.NO.7566 OF 2006 Dt. DECEMBER 15, 2006
ORDERThe petitioner who is the accused in C.C.No.1176/2005 on the file of the J.F.C.M., Mavelikara for offences punishable under secs.341, 354 and 324 I.P.C., seeks anticipatory bail.
2. According to the petitioner on 19.9.2006 he was absent before the magistrate on account of the fact that he was afflicted with Chickun Guniya and although his counsel had filed an application to excuse his absence, that was rejected and non-bailable warrant of arrest has been issued against the petitioner. The petitioner submits that he is fully cured of the disease and he is prepared to participate in the trial which is yet to begin. The case is now posted to 19.12.2006. Having regard to the facts and circumstances indicated above, I am inclined to give the petitioner an opportunity to seek bail from the court below. Accordingly, if the petitioner surrenders before the court below and files an application for regular bail, the same shall be considered and disposed of preferably on BA 7566/2006 2 the same day on which it is filed, after considering the explanation offered by the petitioner for his previous non- appearance. With the above observation this petition is dismissed.
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