SATHEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS who are accused Nos.1 to 4 and 6 in Crime No.49/2005 of Mavelikkara Police Station for offences punishable under Secs.., 147, 148, 452, 323 and 324 read with sec.149 I.P.C. and subsequently also registered for an offence punishable under sec.308 I.P.C., seek anticipatory bail. The occurrence took place on 25.1.2005.

(2.) THE case is now pending before the J.F.C.M., Mavelikkara, as C.P.73/2006. Admittedly, the petitioners have not responded to the summons issued from the committal court. THErefore, presumably, non-bailable warrants of arrest are pending against them 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 petitioners surrender before the committal court and file an application for regular Bail A.No.89/2007 -: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.