Kerala High Court
Bail Appl./7560/2006 of ABDUL RAHIMAN K.P. Vs SI OF POLICE, KOLATHUR & ANOTHER on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7560 of 2006() ----------------------------- .................... CRIME NO.26/03 OF KOLATHOOR POLICE STATION. : PETITIONER/2ND ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Bail Appl..No. 7560 of 2006()
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CRIME NO.26/03 OF KOLATHOOR POLICE STATION.
: PETITIONER/2ND ACCUSED:
---------------------------------------- ABDUL RAHIMAN K.P., KUNNAMPALLIYALIL HOUSE, P.O.KADUNGAPURAM, PUZHAKKATTIRI, MALAPPURAM DISTRICT.
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENTS: (DEFACTO COMPLAINANT AND STATE):
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1. THE SUB INSPECTOR OF POLICE,
KOLATHUR POLICE STATION, KOLATHUR,
MALAPPURAM DISTRICT.
2. THE STATE OF KERALA REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT BUILDINGS, HIGH COURT ROAD, ERNAKULAM, COCHIN- 682031.
BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V.RAMKUMAR, J.
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----------------------------------------------------------- DATED THIS THE 26TH DAY OF DECEMBER, 2006
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O R D E R
Petitioner is the 2[nd] accused in Crime No.26/03 ofKolathoor Police Station for offences punishable under sections143, 147, 148 and 324 read with section 149 IPC. The said caseis presently pending before the Additional Sessions Court(Adhoc-I), Manjeri as S.C.No.448/04. It constitutes a counter case inrespect of S.C.No.153/04 pending before the very same courtand arising from Crime No.25/06 of Kolathoor Police Station. Thepetitioner was granted bail by the J.F.C.M., Perinthalmanna.Subsequently, he was absconding and his bail was cancelled bythe Magistrate who had issued non-bailable warrants of arrestagainst him. Thereupon the petitioner moved the SessionsCourt, Manjeri by filing Crl.M.C.684/06 seeking anticipatory bail.The same was dismissed. It is thereafter that the petitioner hasfiled the present application for anticipatory bail.
2. Anticipatory bail cannot be granted in a case wherenon-bailable warrants of arrest are pending against the BA.7560/06
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petitioner. No doubt, the case has since been committed to theSessions Court for trial. There is no reason why the petitionershould not surrender before the Sessions Court and seek regularbail. Accordingly, if the petitioner surrenders before theAdditional Sessions Court (Adhoc-I), Manjeri whereS.C.NO.448/04 is pending and files an application for regular bailwithin two weeks from today, the same shall be considered anddisposed of preferably on the same date on which it is filed.With this direction, this petition is disposed of.
dsn
V.RAMKUMAR, JUDGE