AROMAL NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the sole accused in Crime No.135/2005 of Pettah Police Station for an offence punishable under Sec.55(a) of the Abkari Act and presently pending before the Addl. C.J.M., Thiruvananthapuram, as C.P.No.47/2006, seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) Admittedly, consequent on the non-appearance of the petitioner before the Magistrate, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted so as to nullify the process issued by a court of competent jurisdiction. 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 ten days from today, 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 the affidavit said to have been given by the petitioner's neighbour owning up the offence. With the above observation this application is dismissed.