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K.SIDDIQUE @ BISMILLA SIDDIQUE versus STATE OF KERALA

High Court of Kerala

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K.SIDDIQUE @ BISMILLA SIDDIQUE v. STATE OF KERALA - Bail Appl No. 817 of 2007 [2007] RD-KL 3264 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 817 of 2007()

1. K.SIDDIQUE @ BISMILLA SIDDIQUE
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.T.B.SHAJIMON

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :14/02/2007

O R D E R

V. RAMKUMAR, J.

B. A. No.817 of 2007

DATED: FEBRUARY 14, 2007

O R D E R

Petitioner 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.

V.RAMKUMAR, JUDGE

mt/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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