ANILKUMAR T S Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this petition filed under section 438 Cr.P.C., petitioner who is the 3rd accused in Crime No.3/99 of Pattambi Police Station for offences punishable under sections 448 , 294(b) and 506(i) read with section 34 IPC, seeks anticipatory bail.

(2.) ADMITTEDLY, consequent on the non-appearance of the petitioner before the J.F.C.M, Pattambi in S.T.No.2934/99, the case against him has been transferred to the long pending register as L.P.No.28/02. Non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed, after examining the explanation offered by the petitioner for his previous non-appearance. With this direction, this petition is dismissed.