RADHAKRISHNAN CHANGARAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER who is the 2nd accused in Crime No.109/1995 of Balussery Police Station for offences punishable under Secs.448, 341 and 323 read with sec.34 I.P.C., seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner in C.C.No.970/1996 before the J.F.C.M., Quilany, the case against him was split up and was re-numbered as C.C.No.1065/99. Admittedly, non-bailable warrants of arrest are pending against the petitioner. According to the petitioner, the co- accused in the case have been acquitted after trial in C.C.No.970/1996. 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, despite the non- bailable warrants of arrest against the petitioner it shall be considered and disposed of preferably on the same day on which it is filed after examining the explanation offered by the petitioner for his previous non-appearance and also after considering the contention of the petitioner that the co-accused in the case have been acquitted after trial. With the above observation this application is disposed of.