JAYAPRAKASH GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the sole accused in Crime No.656/2005 of Varkala Police Station originally registered under sec.174 Cr.P.C. for unnatural death and subsequently registered for an offence punishable under Sec.306 I.P.C., seeks anticipatory bail.

(2.) THE case is now pending before the J.F.C.M., Varkala as C.P.96/2006. Admittedly non-bailable warrant of arrest is pending against the petitioner. Such being the position, I am not inclined to nullify the process issued by a court of competent jurisdiction by granting anticipatory bail. At the same time there is no reason why the petitioner should not seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioner surrenders before the magistrate court and files an application for regular bail within ten days from today, the same shall be considered and disposed of preferably on the same day on which it is filed after examining the explanation offered by the petitioner for his previous non-appearance and also after perusing the materials produced by him to the effect that he did not receive summons from the court. With the above observation this application is dismissed.