KAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 3rd accused in C.C. No.1282/2001 of J.F.C.M.-II, Ernakulam, for offences punishable under Secs.323 and 324 read with sec.34 I.P.C., seeks anticipatory bail.

(2.) THE petitioner was granted bail by the court below. THEreafter the petitioner, admittedly, remained absent resulting in the court below cancelling his bail and initiating steps under secs.82 and 83 Cr.P.C. and non- bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted in a case like this so as to nullify the process issued by a court of competent jurisdiction. But, at the same time, if the petitioner has reasonable excuse for not appearing before the court below, he should be given an opportunity. Accordingly, if the petitioner surrenders before the magistrate and files an application for regular bail within two weeks from today, the same shall be considered Bail A.No.195/2007 -:2:- despite the non-bailable warrant of arrest issued against him and shall be disposed of preferably on the same day on which it is filed after giving the petitioner an opportunity to explain the reasons for his previous non- appearance. With the above observation this application is disposed of.