LAWS(KER)-2006-12-28

P K SHAFEEQUE Vs. STATE OF KERALA

Decided On December 13, 2006
P.K.SHAFEEQUE KADER Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONERS were accused Nos. 1 and 2 in C.P. 99/2006 on the file of the Judl. Magistrate of First Class, Mattannur for offences punishable under Sections 143, 147, 148, 451, 436 and 153 read with Sec. 149 I.P.C. seek anticipatory bail.

(2.) ADMITTEDLY, non-bailable warrant of arrest are pending against the petitioners due to their non-appearance before the committal court. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction It is for the petitioners to seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioner surrender before the magistrate court and file an application for regular bail within 10 days from today the same shall be considered and disposed of preferably on the same day on which it is filed after examining the petitioner's grievance that they were not served with summons in the case. With the above observation this application is dismissed.