YOUSAF K A Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 4th accused in Crime No.259/1992 of Manjeswaram Police Station for offences punishable under Secs.143, 147, 148, 427 and 436 read with sec.149 I.P.C., seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner before the J.F.C.M.-I, Kasaragod at the committal stage, the case against him was re-numbered as C.P.361/2000 and was transferred to the long pending register as L.P.C.16/2001. Non-bailable warrants of arrest are 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 surrender before the concerned magistrate court and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M.-I, Kasaragod within two weeks from today 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 and also after considering his contention that the other accused in the case have already been acquitted. With the above observation this application is dismissed.