RIYAS SHAIK AHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, who is the 13th accused in Crime No.71/03 of Manjeshwar Police Station for offences punishable under sections 143, 147, 148, 353 and 506(ii) read with sections 149 IPC, seeks anticipatory bail.

(2.) CONSEQUENT on the non-appearance of the petitioner in C.C.No.389/03 on the file of the CJM, Kasaragod, the case against him was split up and refiled as C.C.No.672/06. It was transferred to the Long Pending Register as L.P.C.No.192/06. Non-bailable warrants of arrest are pending against the petitioner. 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 Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the CJM, 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, after examining the explanation offered by the petitioner for his previous non-appearance and also after considering his contention that the co-accused in the case has been acquitted after trial. This application is disposed of as above.