CHITHRESH ALIAS CHITRALAYAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner who is the accused in C.C.No.1176/2005 on the file of the J.F.C.M., Mavelikara for offences punishable under secs.341, 354 and 324 I.P.C., seeks anticipatory bail.

(2.) ACCORDING to the petitioner on 19.9.2006 he was absent before the magistrate on account of the fact that he was afflicted with Chickun Guniya and although his counsel had filed an application to excuse his absence, that was rejected and non-bailable warrant of arrest has been issued against the petitioner. The petitioner submits that he is fully cured of the disease and he is prepared to participate in the trial which is yet to begin. The case is now posted to 19.12.2006. Having regard to the facts and circumstances indicated above, I am inclined to give the petitioner an opportunity to seek bail from the court below. ACCORDINGly, if the petitioner surrenders before the court below and files an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed, after considering the explanation offered by the petitioner for his previous non- appearance. With the above observation this petition is dismissed.