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ALI, S/O.KOYAKUTTY, AGED 45 YEARS v. STATE OF KERALA - Bail Appl No. 218 of 2007  RD-KL 1116 (16 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 218 of 2007()
1. ALI, S/O.KOYAKUTTY, AGED 45 YEARS,
1. STATE OF KERALA,
2. FOREST RANGE OFFICER,
For Petitioner :SRI.JOHNSON P.JOHN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
B.A.No. 218 of 2007
Dated this the 16th day of January, 2007.
ORDERPetitioner, who is the fourth accused in OR No.31 of 2001 of Forest Range Office, Alathur for offences punishable under Sections 4 and 9 of Kerala Preservation of Trees Act read with Rules 3 and 23 of Forest Produce Transit Rules, seeks anticipatory bail.
2. The case was originally registered as C.C.No.148 of 2002 on the file of the J.F.C.M., Alathur. Consequent on the non-appearance of the petitioner before the said court, the case against him was split up and refiled as C.C.No.202 of 2006. Admittedly, non-bailable warrants of arrest are pending against the petitioner. 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 Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M., Alathur and files an application for regular bail within two weeks from today, the same shall be considered preferably on the same date on which it is filed notwithstanding the non-bailable warrant pending against the BA 218/07 -: 2 :- petitioner and shall be disposed of on merits after considering the explanation offered by the petitioner for his previous non-appearance. With this direction, this application is disposed of. V.Ramkumar, Judge. ess 16/1
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