ANIL ACHUTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who us the 6th accused in Crime No.346/2003 of Mavelikkara Police Station for offences punishable under Secs.143, 147, 148, ., 323, 324 and 427 read with sec.149 I.P.C. and subsequently also registered for an offence punishable under sec.451 I.P.C., seeks anticipatory bail. The occurrence took place on 25.8.2003.

(2.) THE case is now pending before the J.F.C.M., Mavelikkara, as C.C.922/2004. Admittedly, the petitioner has not responded to the summons issued from the committal court. THErefore, presumably, non-bailable warrant of arrest is pending against him before that court. 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 committal court and seek regular bail. Accordingly, if the petitioner surrenders before the committal court and files an application for regular Bail A.No.90/2007 -:Page numbers:- bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation this application is disposed of.