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SHIBU, AGED 35 YERS, S/O.CHATHAN v. STATE OF KERALA (REPRESENTED BY - Bail Appl No. 1481 of 2007  RD-KL 5041 (8 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 1481 of 2007()
1. SHIBU, AGED 35 YERS, S/O.CHATHAN,
1. STATE OF KERALA (REPRESENTED BY
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V.RAMKUMAR, J.Bail Application No. 1481/2007 Dated this 8th day of March, 2007
O R D E RThe petitioner, who is the third accused in Crime No.92/2002 of Binanipuram Police Station for offences punishable under Sections 143, 147, 148, 341, 353, 326 and 308 IPC read with Section 149 IPC, seeks anticipatory bail.
2. Consequent on the non appearance of the petitioner in S.C.No.181/2005 on the file of the Additional Sessions Court (Ad hoc-II), Ernakulam, the case against him was split up and transferred to the long pending register as L.P.No.3/2006. Admittedly non bailable warrants of arrest are pending against the petitioner. He would have it that the other accused in the case have been acquitted after trial in S.C.No.181/2005. That may be a relevant circumstance to be urged before the Trial Court.
3. 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 trial Court and seek regular bail. B.A.1481/2007 2
4. Accordingly, if the petitioner surrenders before the trial court namely Additional Sessions Court (Adhoc-II), Eranakulam, and files an application for regular bail within two weeks from today, the same shall be considered and disposed of by the Magistrate preferably on the same day on which it is filed, after considering the contentions of the petitioner that the co-accused in the case have been acquitted after trial. The application is disposed of as above. V.RAMKUMAR,
JUDGEmrcs B.A.1481/2007 3
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