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FIROZ, S/O.ABDULLA v. STATE OF KERALA, REP. BY THE - Bail Appl No. 990 of 2007  RD-KL 3706 (20 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 990 of 2007()
1. FIROZ, S/O.ABDULLA,
1. STATE OF KERALA, REP. BY THE
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.
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BAIL APPLICATION NO. 990 OF 2007
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DATED THIS THE 20th DAY OF FEBRUARY, 2007
O R D E RPetitioner who is the 5th accused in Crime No.198/03 of Kasargod Police Station for offences punishable under sections 143, 147, 148, 323, 506(ii) and 153A read with section 149 IPC, seeks anticipatory bail.
2. Consequent on the non-appearance of the petitioner in C.C.No.329/04 on the file of the C.J.M,., Kasargod, the case against him was transferred to the long pending register as L.P.C.No.183/06. The case against the petitioner was split up and re-filed as C.C.No.731/06. 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 C.J.M., Kasargod and seek regular bail. Accordingly, if the petitioner surrenders before the C.J.M., Kasargod and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed, after examining the explanation offered by the petitioner for his previous non-appearance. This application is disposed of as above.
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