VALSAN VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.2 and 4 in Crime No.342/99 of Kalady Police Station for offences punishable under sections 55(b) and 55(g) of the Abkari Act read with section 25(1)B(a) of the Arms Act, 1959, seeks anticipatory bail.

(2.) Consequent on the non-appearance of the petitioners in C.P.No.1/07 on the file of J.F.C.M., Perumbavoor, non-bailable warrants of arrest are pending against them.

(3.) 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 surrender before the committal court and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate 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 considering the explanation offered by the petitioners for their previous non-appearance. This application is disposed of as above.