VIJAYAN MAYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the tenth accused in Crime No.315/2001 of Town South Police Station, Palakkad for offences punishable under Sections 395 and 120B IPC, seeks anticipatory bail.

(2.) Consequent on the non appearance of the petitioner in C.P.No.25/2004 on the file of the J.F.C.M.-III, Palakkad, the case against him was split up and re-filed as C.P.No.4/2007. Admittedly, non bailable warrants of arrest are pending against the petitioner. Such being the position, 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 surrender before the Magistrate and seek regular bail.

(3.) 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, 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 bearing in mind that the final report has already been laid. The application is disposed of as above.