Dismissed

Michael Raj v. State of Kerala

Kerala HC7 Feb 2007Bail Appl./108/2007

Case brief

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What is this about?

The High Court of Kerala rejected a bail application for anticipatory bail in an IPC 498A case. The Court held that bail cannot be granted to nullify existing non-bailable warrants issued for the petitioner's non-appearance. It directed the petitioner to surrender and seek regular bail.

What did the court decide?

Petitioner directed to surrender and apply for regular bail within two weeks; present application disposed.

Michael Raj Vs State of Kerala — Anticipatory Bail | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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WEDNESDAY, THE 7TH FEBRUARY 2007 / 18TH MAGHA 1928 Bail Appl..No. 108 of 2007()

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---------------------------------CC.100/2006 of J.M.F.C.-I,PALAKKAD CRIME NO.301/2005 OF KASABA POLICE STATION, PALAKKAD.

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PETITIONER/ACCUSED

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-----------------------------------

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MICHAEL RAJ, AGED 41 YEARS, GOWSELYA ELLAM, HOUSE NO. 264, V.G.V. GARDEN, RAKIA PALAYAM, THRIPPUR, TAMIL NADU.

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BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU

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RESPONDENTS: STATE

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------------------

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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B.A. No. 108 OF 2007

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Dated this the 7^th day of February, 2007

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O R D E R

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The petitioner, who is the accused in C.C. No.100/2006 on the file of the JFCM-I, Palakkad for an offence punishable under Section 498A I.P.C., seeks anticipatory bail.

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I heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Consequent on the non-appearance of the petitioner before the Magistrate, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case of this nature 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 on merits, preferably on the same day on which it is filed, notwithstanding the warrants, if any, pending against the petitioner.

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This application is disposed of as above.

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(V. RAMKUMAR, JUDGE)

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aks

Michael Raj v. State of Kerala

Case brief

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Michael Raj v. State of Kerala

Case brief

What is this about?

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