IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 9117 of 2011() ------------------------------------ O.R.NO.1/2002 OF VELLIKULANGARA FOREST RANGE, THRISSUR DISTRICT ............................. PETITIONER/ACCUSED: ----------------------------------- RAJESH KUMAR, S/O.VASU, MENOTHUPARAMBIL (H), PERINGANDOR VILLAGE, AMBALAPURAM DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, MR.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T.SANKARAN, J. --------------------------------- B.A.No.9117 OF 2011 --------------------------------- Dated this the 11th day of November, 2011 ORDER The petitioner is the first accused in OR No.1/02 of Vellikulangara Forest Range. The case is now pending as CC No.1010 of 2003 on the file of the Court of the Judicial Magistrate of the First Class, Chalakkudy. 2. The offence alleged against the petitioner is under Section 27 (1)(e)(iii) and (iv) of the Kerala Forest Act. 3. Due to non appearance of the petitioner, the learned Magistrate issued non bailable warrant against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, he has filed this application for Anticipatory Bail. B.A.No. 9117 OF 2011 2 4. The learned Public Prosecutor submitted that the petitioner filed Bail Application No.7436 of 2010 for the same purpose and that application was disposed of by the order dated 22nd November, 2010, directing the petitioner to surrender before the learned Magistrate within a period of two weeks. Suppressing the fact that the petitioner had filed Bail Application No.7436 of 2010, the present Bail Application is filed by him. The order dated 22nd November, 2010 in Bail Application No.7436 of 2010 reads as follows: “Petitioner, who is the 1st accused in O.R.No.1/2002 of Vellikulangara Forest Range for offences punishable under Sections 27(1)(e) (iii) and (iv) of Kerala Forest Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.1010/2003 on the file of the J.F.C.M.Court, Chalakudy the case against the petitioner has been transferred to the Long Pending Case Register as LPR No.62/2005. Admittedly, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted 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 preferably on the same day on which it is filed notwithstanding the pendency of non-bailable B.A.No. 9117 OF 2011 3 warrants of arrest against the petitioner and also after considering the explanation offered by the petitioner for his previous non- appearance. With the above observation this application is disposed of .” 5. The petitioner deliberately suppressed that he approached this court earlier with the same prayer in Bail Application No.7436 of 2010, and that Bail Application was disposed of. Not only that the petitioner did not comply with the direction in the order in Bail Application No.7436 of 2010, but he tried to mislead the court and to get an order in his favour by adopting unlawful means. The petitioner is not entitled to any discretionary relief in these circumstances. 6. The Bail Application is accordingly dismissed with costs of Rs.2,500/-. A copy of this order shall be sent to the Judicial Magistrate of the First Class, Chalakudy with a direction to place the same in the file in C.C.No.1010/2003. 7. The O.R was registered in 2002, and the case was taken on file in 2003. It is necessary to secure the presence of the petitioner before the court. The police shall see that the B.A.No. 9117 OF 2011 4 non bailable warrant is executed without delay. A copy of this order shall also be forwarded to the District Superintendent of Police, Thrissur. K.T.SANKARAN, JUDGE. cms