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P.J.GEORGE, AGED 81 YEARS versus P.G.VENUGOPALAN NAIR, S/O.GOPALA PILLAI

High Court of Kerala

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P.J.GEORGE, AGED 81 YEARS v. P.G.VENUGOPALAN NAIR, S/O.GOPALA PILLAI - Bail Appl No. 1200 of 2007 [2007] RD-KL 4525 (1 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1200 of 2007()

1. P.J.GEORGE, AGED 81 YEARS,
... Petitioner

Vs

1. P.G.VENUGOPALAN NAIR, S/O.GOPALA PILLAI,
... Respondent

2. SUB INSPECTOR OF POLICE,

3. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.T.M.ABDUL LATHEEF

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :01/03/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 1200 OF 2007 ````````````````````````````````````````````````````

Dated this the 1st day of March, 2007

O R D E R

Petitioner, who is the accused in C.C.No.2055/2003 on the file of JFCM-I, Aluva for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner before the said court, admittedly non-bailable warrants of arrest are pending against him. 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 concerned Magistrate and seek regular bail after apprising the Magistrate of his age and physical condition. The petitioner is stated to be aged 82 years and suffering from sciatica of the right leg and other rheumatic problems. I am sure that the learned Magistrate will not insist on the personal appearance of the petitioner for the trial of the case unless it is so inevitable. Accordingly, if the petitioner surrenders before the JFCM-I, Aluva and files an application for regular bail, within one month from today, the same shall be considered and disposed of, preferably on the same date on which it is filed, after considering the age and decrepit condition of the petitioner. Until such consideration, the warrant, if any, pending against the petitioner shall not be executed. This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks


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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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