NOUSHAD P K Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, who is the 3rd accused in Crime No.164/02 of Thamarassery Police Station for offences punishable under sections 380 and 457 IPC for allegedly committing theft of a T.V., Voltage Stabilizer and Booster worth Rs.8,000/- from G.M.U.P. School, Chalakkara, seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner before JFCM-I, Thamarassery in C.C.No.48/04, the case against him was refiled as C.C.No.48/06. The matter was transferred to the Long Pending Register as L.P.No.26/06. 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 Investigating Officer and seek regular bail. Accordingly, if the petitioner surrenders before the JFCM-I, Thamarassery 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, after examining the explanation offered by the petitioner for his previous non-appearance and after considering the contention that the second accused in the case has been acquitted after trial. This application is disposed of as above.