N P CHANDRACHOODAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition for anticipatory bail filed under section 438 of Cr. P. C. by the 3rd accused in Crime No.304/98 of Anchal Police station. The investigation was subsequently taken over by the cbcid and the crime was re-numbered as 147/cr/99. The allegation is that the petitioner and others have committed offences punishable under sections 143, 147, 148, 448, 341, 294 (b), 323, 324, 506 (ii) and 427 read with Sec.149 of IPC.

(2.) I have heard the learned counsel for the petitioner and also the learned Public Prosecutor.

(3.) The learned Public Prosecutor submitted that subsequently, final report has been laid before the J. F. C. M.-I, punalur on 30.4.2002 and the matter is pending now as c. C. No.144/05. It is further submitted that the learned magistrate has already issued non-bailable warrant, since the petitioner failed to appear before the Court despite the receipt of summons from the Court. In such cases where warrant is pending, it is not feasible to grant anticipatory bail. However, I think the petitioner can be permitted to surrender before the court and seek appropriate relief as advised. Accordingly, the petitioner is directed to surrender before the Court on or before 18.5.2009 and 21.5.2009 before the concerned court. The concerned Magistrate shall consider his application for regular bail, if moved, in accordance with law, preferably on the same day on which, it is moved. All the contentions of the petitioner will be duly taken into consideration by the learned Magistrate, while considering such application.