MUNEER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER who is the 2nd accused in Crime No.99/91 of Meppayyur Police Station for offences punishable under Secs. 143, 147, 148, 324, 332 and 353 read with Sec. 149 I.P.C. and Sec. 3 (2) (e) of the Prevention of Destruction of Public Property Act, 1984 , seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner the case against him was split up and transferred to the L.P. Register where it has been registered as L.P.17/94 before the J.F.C.M., Koyilandy. Admittedly, non-bailable warrants of arrest are pending against the petitioner. Such being the position, I am not inclined to nullify the process issued by a court of competent jurisdiction by granting anticipatory bail. It is for the petitioner to seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioner surrenders before the magistrate court and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed, despite the non-bailable warrants of arrest are pending against the petitioner, after examining the explanation offered by the petitioner for his previous non-appearance and also after considering the contention of the petitioner that the co-accused in the case have been acquitted. With the above observation this application is dismissed.