RAVINDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS, who are accused Nos.1 and 2 in C.C.No.724/2003 on the file of the JFCM, Taliparamba for an offence punishable under section 406 read with section 34 IPC, seek anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioners before the aforesaid court, non-bailable warrants of arrest are pending against them. They have a grievance that they did not receive any summons from the said court. That is a matter which the petitioners will have to convince the Magistrate. 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 seek regular bail after surrendering before the Magistrate. Accordingly, if the petitioners surrender before the Magistrate concerned and file 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 petitioners for their previous non-appearance including the grievance that they did not receive any summons in the case. This application is disposed of as above.