Bail Appl./7490/2006 of JAIMON K.S. Vs STATE OF KERALA on 29 December 2006

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928

Bail Appl..No. 7490 of 2006(J)

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CRMP.2490/2006 of DISTRICT COURT, KOTTAYAM

Crime No.280/06 of Kaduthuruthy Police Station

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: PETITIONER/ACCUSED NO.8

----------------------------------------- JAIMON K.S., S/O. JANARDHANAN, KADALIMATTAMTHALACKAL, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM.

BY ADV. SRI.SOORAJ T.ELENJICKAL

RESPONDENT: STATE

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STATE OF KERALA, THROUGH

SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE

STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SHRI. JAI GEORGE

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

M.N.Krishnan, J.========================

B.A.No.7490 of 2006

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Dated this the 29[th] day of December, 2006.ORDER

This is an application for bail under Section 438 of Cr.P.C. Thepetitioner, who is the eighth accused, is also alleged to havecommitted offences under Sections 143, 147, 148, 341, 323, 506(2)and 306 read with Section 149 I.P.C.

2. The learned Sessions Judge, as per the order inCrl.M.P.No.2088 of 2006 granted anticipatory bail on 5[th] October,2006. The petitioner was directed to surrender before court and seekfor regular bail. But the petitioner did not comply with the directionand has now come forward with another application contending thathe was laid up with hepatitis. I am not inclined to accept thatcontention.

3. A benefit that has been given to him has not been made useof by him. Therefore, the grant of anticipatory bail at this stagecannot be done in this case to circumvent the law and procedure. But BA 7490/06

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anyhow, the petitioner is at liberty to move the Sessions Court forregular bail on surrender and the learned Sessions Judge is directed todispose of the application at the earliest, if possible on the same dateon which it is filed and his refusal to abide the previous order shall notbe a ground for rejecting his bail application.

This application is accordingly dismissed.

ess 29/12

M.N.Krishnan,Judge.