RAJESH REGHUNATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 2nd accused in Crime No.88/1999 of Kodumon Police Station for offences punishable under Secs.447, 452, 324, 323, 506(ii) and 294(b) read with sec.34 I.P.C., seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner before the J.F.C.M., Adoor, the case against him has been split up and transferred to the long pending register as L.P.30/2005 and non-bailable warrant of arrest is pending against the petitioner. Anticipatory bail cannot be granted in a case like this so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not seek regular bail after surrendering before the trial court. Accordingly, if the petitioner surrenders before the J.F.C.M., Adoor 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 considering the explanation for his previous non-appearance and also after considering his submission that the de facto complainant has no subsisting grievance in the matter. With the above observation this application is dismissed.