LAWS(KER)-2007-3-349

LEJU JOSEPH Vs. STATE OF KERALA

Decided On March 16, 2007
LEJU, S/O JOSEPH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONERS, who are accused Nos.2, 3 and 5 in Crime No.252/05 of Chavara Thekkumbhagam Police Station for offences punishable under sections 143, 147, 148, 323, 324 and 308 read with section 149 IPC, seek anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioners in C.P.No.45/06 on the file of the JFCM, Sasthamcotta, non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioners should not surrender before the committal court and seek regular bail. Accordingly, if the petitioners surrender before the committal court and file an application for regular bail, within two weeks from today, the same shall be considered and disposed of on merits, preferably on the same date on which it is filed, after examining the explanation, if any, offered by the petitioners for their previous non-appearance as well. This application is disposed of as above.