MUHAMMED ALIAS MANU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 5th accused in Crime No.82/2002 of Thenhipalam Police Station for offences punishable under Secs.143, 147, 148, 341, 323, 324 and 506(i) read with sec.149 I.P.C., seeks anticipatory bail.

(2.) THE case is now pending before the J.F.C.M., Parappanangadi as C.C.No.237/2002. Admittedly, consequent on the non-appearance of the petitioner before that court, non-bailable warrant of arrest is pending against him. Anticipatory bail cannot be granted in a case like this 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 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 contention of the petitioner that the matter has been squared up between the parties and all the offences are bailable offences. With the above observation this application is disposed of.