ARUN, AGED 26 versus THE STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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ARUN, AGED 26 v. THE STATE OF KERALA - Bail Appl No. 255 of 2007 [2007] RD-KL 1267 (17 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 255 of 2007()

1. ARUN, AGED 26,
... Petitioner

Vs

1. THE STATE OF KERALA,
... Respondent

For Petitioner :SRI.JOHNSON GOMEZ

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :17/01/2007

O R D E R

V. RAMKUMAR, J.

B. A. No.255 of 2007

DATED: JANUARY 17, 2007

O R D E R

Petitioner who is the 3rd accused in Crime No.255/2004 of West Police Station, Kollam for offences punishable under Secs.341, 323 and 308 read with sec.34 I.P.C. and sec.27 of the Arms Act 1959, seeks anticipatory bail.

2. Admittedly, consequent on the non-appearance of the petitioner before the magistrate court where the case is pending as C.P.97/2006, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case like this 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 concerned 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  Bail A.No.255/07 -:2:- and disposed of preferably on the same day on which it is filed after examining the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is dismissed.

V.RAMKUMAR, JUDGE.

mt/- 

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