LAWS(KER)-2007-2-441

ABDULLA HUSSAN KUTTY Vs. STATE OF KERALA

Decided On February 06, 2007
ABDULLA, HUSSAN KUTTY Appellant
V/S
STATE OF KERALA, REP. BY INSPECTOR Respondents

JUDGEMENT

(1.) Petitioner who is the Ist accused in Crime No. 5/04 of Kumbala Police Station for an offence punishable under Sec. 498 A I.P.C., seeks anticipatory bail.

(2.) Consequent on the non-appearance of the petitioner before the Chief Judl. Magistrate Court, Kasaragod where the case is pending as C.C. 190/06, non-bailable warrants of arrest are pending against the petitioner.

(3.) Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Chief Judl. Magistrate, Kasaragod and seek regular bail. Accordingly, if the petitioner surrenders before the Chief Judl. Magistrate, Kasaragod and files 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. With the above observation this application is dismissed.