Kerala High Court
Sageer vs State Of Kerala on 28 March, 2012
Author: M. Sasidharan Nambiar
Bench: M.Sasidharan Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 28TH DAY OF MARCH 2012/8TH CHAITHRA 1934
Bail Appl..No. 1893 of 2012 ()
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CC.792/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT,
KODUNGALLUR
CRIME NO.910/2010 OF MATHILAKAM POLICE STATION,
THRISSUR DISTRICT
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PETITIONER/ACCUSED 1:
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SAGEER
AGED 36 YEARS, S/O.ABUBACKER
OATHUPALLIPARAMBIL HOUSE, PERINJANAM VILLAGE
KODUNGALLUR TALUK, THIRSSUR DISTRICT.
BY ADVS.SRI.P.M.ABDUL JALEEL (KODUNGALLUR)
SRI.T.V.SHAJI
SMT.M.ISHA
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE
MATHILAKAM POLICE STATION THROUGH THE PUBLIC
PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
svs
M. SASIDHARAN NAMBIAR, J
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B.A.No. 1893 of 2012
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Dated this the 28th day of March, 2012
O R D E R
Petitioner is the first accused in CC 792/2010 on the file of JFCM Court, Attingal, taken cognizance for the offence under sections 498A, 405 and 406 r/w 34 IPC. Apprehending arrest, as a non bailable warrant is pending, petition is filed under section 498 of Code of Criminal Procedure for anticipatory bail.
Argument of the learned counsel appearing for the petitioner is that he did not receive the summons, as non bailable warrant is pending if he surrenders he will be remanded. When a non bailable warrant is pending, it is for the petitioner to surrender before the learned Magistrate and seek regular bail. Petitioner is at liberty point out before the learned Magistrate the reasons for his non appearance including the case that he did not get the summons. If petitioner surrenders and file an application with previous notice to Assistant Public Prosecutor, B.A.No. 1893 of 2012 2 learned Magistrate to pass appropriate order in accordance with law without delay, preferably on the same day. Petitioner cannot be granted anticipatory bail, petition is dismissed.
M. SASIDHARAN NAMBIAR, JUDGE.
dlk