NOUSHAD V P Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 1st accused in Crime No.290/2000 of Edachery Police Station for an offence punishable under sec.55(a) of the Abkari Act for allegedly transporting 110 bottles of 375 ml. each IMFL on 7.10.2000, seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner in C.P.42/2003 before JFCM, Vadakara, the case against him was split up and transferred to the long pending register where it has been registered as L.P.C.No.5/2006. Admittedly, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case of this nature 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 and seek regular bail. Accordingly, if the petitioner surrenders before the magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of on merits 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 after considering the contention of the petitioner that the co-accused in the case has been acquitted after trial. With the above observation this application is disposed of.