ASOKAN PONNAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 5th accused in Crime No.41/2001 of Vizhinjam Police Station for offences punishable under secs.143, 147, 148, 447, 323 and 324 read with sec.149 I.P.C., seeks anticipatory bail. The other accused in the case were tried before the J.F.C.M.-II, Neyyattinkara as C.C.No.329/2002. Since the petitioner was absconding, the case against him was re-filed as C.C.No.718/2006 which is pending before the very same court. In as much as non- bailable warrant of arrest is pending against the petitioner, I am not inclined to nullify the process issued by a court of competent jurisdiction by granting anticipatory bail. There is no reason why the petitioner should not seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioner surrenders before the magistrate court and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed after examining the explanation offered by the petitioner for his previous non-appearance and also considering the contention of the petitioner that the other accused in the case have been acquitted.. With the above observation this application is disposed of.