ANSAR R Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the second accused in Crime No.928/03 of Kasargod Police Station for offences punishable under sections 323, 326 and 427 read with section 34 IPC, seeks anticipatory bail.

(2.) Consequent on the non-appearance of the petitioner in C.C.No.174/04 on the file of the C.J.M., Kasargod, the case against him was transferred to the long pending register as L.P.C.No.168/06.Admittedly, non-bailable warrants of arrest are pending against the petitioner.

(3.) 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 C.J.M., Kasargod and seek regular bail. Accordingly, if the petitioner surrenders before the C.J.M., Kasargod 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. This application is disposed of as above.