NEELAKATH MUSTAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 2nd accused in Crime No. 181/01 of Tanur Police Station for offences punishable under Sections 143, 147, 148, 447, 341, 323 and 324 read with Sec. 149 I.P.C., seeks anticipatory bail.

(2.) The learned counsel for the petitioner would submit that the matter has been settled between the de facto complainant and the accused persons. But that is not a ground for granting anticipatory bail in a case where admittedly non-bailable warrant of arrest is pending against the petitioner. The case is now pending before the J.F.C.M. Parappanangadi as C.C.1082/01.

(3.) There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned 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. With the above observation this application is dismissed.