UNNI ALIAS ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the second accused in Crime No.138/01 of Ponnani Police Station now pending before the J.F.C.M., Ponnani as C.C.No.91/03, seeks anticipatory bail.

(2.) The petitioner was enlarged on bail during crime stage. Thereafter, according to the petitioner, without serving summons on him, non-bailable warrant of arrest has been issued against him. His application for anticipatory bail preferred before the Sessions Court was dismissed with a direction to surrender before the Magistrate and to seek regular bail.

(3.) Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. But at the same time, having regard to the fact that the subject matter of the offence is only arecanut worth Rs.300/- and the petitioner was granted bail during the crime stage and he has a grievance that he was not served with a summons by the trial court, I am inclined to grant the petitioner an opportunity to surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within two weeks BA.171/07Page numbers from today, the same shall be considered and disposed of, preferably on the same date on which it is filed after considering the aforementioned facts. With this direction, this petition is disposed of.