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BABU KUMAR, SON OF KUMARAN v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 51 of 2007  RD-KL 542 (9 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 51 of 2007()
1. BABU KUMAR, SON OF KUMARAN,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.S.M.PREM
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. 51 OF 2007
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DATED THIS THE 9th DAY OF JANUARY, 2007
O R D E RPetitioner who is the accused in Crime No.186/03 of Alathur Police Station for offences punishable under sections 279 and 338, seeks anticipatory bail.
2. The petitioner was enlarged on bail at the crime stage. Presumably, consequent on his non-appearance before the J.F.C.M., Alathur, where the case is pending as C.C.No.745/03, his bail was cancelled and 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. Moreover, the offences are also bailable offences for which 438 Cr.P.C. cannot be invoked. There is no reason why the petitioner should not surrender before the Magistrate concerned 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 on merits, preferably on the same date on which it is filed without being inhibited by the warrants, if any, issued against him. With this direction, this petition is disposed of.
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