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K.B.SIDDIQUE @ ABOOBACKER SIDDIQUE versus STATE OF KERALA, REP. BY

High Court of Kerala

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K.B.SIDDIQUE @ ABOOBACKER SIDDIQUE v. STATE OF KERALA, REP. BY - Bail Appl No. 1424 of 2007 [2007] RD-KL 5109 (9 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1424 of 2007()

1. K.B.SIDDIQUE @ ABOOBACKER SIDDIQUE,
... Petitioner

Vs

1. STATE OF KERALA, REP. BY
... Respondent

For Petitioner :SRI.T.B.SHAJIMON

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :09/03/2007

O R D E R

V. RAMKUMAR, J.

Bail Application No. 1424 OF 2007

DATED: 09-03-2007

O R D E R

Petitioner who is the 8TH accused in Crime No. 338/2003 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 324 and 153(A) read with Sec. 149 I.P.C., seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner in c.C. 214/04 on the file of the J.F.C.M., Kasaragod the case against him was split up and re-filed as C.C. 246/06 and transferred to the Long Pending Case Register as L.P.C. 71/06.

3. Admittedly, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be issued to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Chief Judicial Magistrate, Kasaragod and seek regular bail. Accordingly, if the petitioner surrenders before the Chief Judicial Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of Bail A.No.1424/07 -:2:- preferably on the same date on which it is filed after considering the explanation offered by the petitioner for his non-appearance and also after considering his contention that the co-accused in the case have been acquitted after trial. With the above observation this application is dismissed.

V.RAMKUMAR, JUDGE.

ani


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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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