The Court dismissed the petition for anticipatory bail, holding that existing non-bailable warrants cannot be nullified by such relief. The accused was ordered to surrender before the Assistant Sessions Court within two weeks to file an application for regular bail.
Petition dismissed; petitioner directed to surrender within two weeks to seek regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933
Bail Appl..No. 2896 of 2011()
----------------------------SC.810/2007 of PRINCIPAL SUB COURT, PALAKKAD CRIME NO.160/1997 OF VADAKKENCHERRY POLICE STATION
PETITIONER: ACCUSED NO.3
BASHEER, S/O. MUHAMMED, CHALLITHARA, PULIKKOOTTAM, AYAKKAD, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT: COMPLAINANT
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KEREALA, ERNAKULAM, REPRESENTING THE C.I OF POLICE, VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
----------------------------------------------Bail Appln.No.2896 of 2011
Dated this the 6th day of April, 2011
ORDER
Petitioner, who is accused No.3 in S.C.No.810 of 2007 on
the file of the Assistant Sessions Court, Palakkad, seeks anticipatory bail.
This Bail Application is, accordingly, disposed of. Dated this the 6th day of April, 2011.
V.RAMKUMAR, JUDGE.
skj
2 issues framed by the court
Whether anticipatory bail can be granted when non-bailable warrants are already pending against the accused.
Whether the petitioner should surrender to seek regular bail instead of anticipatory bail.
BASHEER
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
