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VIJAYAN,S/O.SHEKHARAN THAMPI,ASHA BHAVAN versus STATE OF KERALA REP.BY ITS PUBLIC

High Court of Kerala

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VIJAYAN,S/O.SHEKHARAN THAMPI,ASHA BHAVAN v. STATE OF KERALA REP.BY ITS PUBLIC - Bail Appl No. 3472 of 2007 [2007] RD-KL 9954 (8 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3472 of 2007()

1. VIJAYAN,S/O.SHEKHARAN THAMPI,ASHA BHAVAN
... Petitioner

Vs

1. STATE OF KERALA REP.BY ITS PUBLIC
... Respondent

2. THE SUB INSPECTOR OF POLICE,

For Petitioner :SRI.G.P.SHINOD

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :08/06/2007

O R D E R

V. RAMKUMAR, J.

Bail Application No.3472/2007

DATED: 08-6-2007

O R D E R

Petitioner who is the second accused in Crime No. 206/2002 of Kilimanoor Police Station for offences punishable under Sections 354, 294(b) and 506(ii) read with section 34 I.P.C., seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner in C.C. No. 662/2004 on the file of the J.F.C.M II, Attingal non- bailable warrants of arrest are pending against the petitioner. 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 Magistrate 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 preferably on the same day on which it is filed after considering the explanation offered by the petitioner for his previous non-appearance and also after considering the contention of the petitioner that the first accused in the case has B.A.3472/2007 -2- been acquitted. Until such disposal, warrants, if any pending against the petitioner shall not be executed. With the above observation, this application is disposed of.

V.RAMKUMAR, JUDGE.

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