AVARAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, who is the accused in C.P. No.65/03 on the file of JFCM, Tirur for an offence punishable under Sec.307 I.P.C., seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner in C.P. No.65/03 on the file of the J.F.C.M., Tirur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.106/05. Admittedly, non-bailable warrants of arrest are pending against the petitioner. 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 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. With the above observation this application is disposed of.