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ARUN, AGED 26 v. THE STATE OF KERALA - Bail Appl No. 255 of 2007  RD-KL 1267 (17 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 255 of 2007()
1. ARUN, AGED 26,
1. THE STATE OF KERALA,
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B. A. No.255 of 2007
DATED: JANUARY 17, 2007
O R D E RPetitioner 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.
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