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K.SIDDIQUE @ BISMILLA SIDDIQUE v. STATE OF KERALA - Bail Appl No. 817 of 2007  RD-KL 3264 (14 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 817 of 2007()
1. K.SIDDIQUE @ BISMILLA SIDDIQUE
1. STATE OF KERALA
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B. A. No.817 of 2007
DATED: FEBRUARY 14, 2007
O R D E RPetitioner who is the 11th accused in Crime No.705/2000 of Kasaragod Police Station for offences punishable under secs.143, 147, 148, 324, 427 and 153(A) read with sec.149 I.P.C., seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner before the court of C.J.M., Kasaragod, in C.C.No.499/2002, the case against him was split up and re-filed as C.C.No.645/2006. Admittedly, non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot be granted in a case of this nature so as to nullify the process issued by a court of competent jurisdiction. If the petitioners have a contention that accused Nos.1, 5, 6, 8, 9 and 12 faced the trial in C.C.No.499/2002 and were acquitted after trial, that is a matter which he can profitably raise before the magistrate concerned. 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 and disposed of preferably on the same day on which it is filed, after examining the contention of the petitioner that the Bail A.No.817/2007 -:2:- co-accused in the case have been acquitted after trial. Until such consideration, non-bailable warrants of arrest, if any, pending against the petitioner shall not be executed. With the above observation this application is disposed of.
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