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BABU KUMAR, SON OF KUMARAN versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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BABU KUMAR, SON OF KUMARAN v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 51 of 2007 [2007] RD-KL 542 (9 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 51 of 2007()

1. BABU KUMAR, SON OF KUMARAN,
... Petitioner

Vs

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

For Petitioner :SRI.S.M.PREM

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :09/01/2007

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 R

Petitioner 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.

V.RAMKUMAR, JUDGE

dsn


Copyright

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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