IBRAHIMKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the first accused in Crime No. 90/1995 of Tanur Police Station for offences punishable under Sections 143, 147, 341 and 323 IPC read with Section 149 IPC, seeks anticipatory bail.

(2.) Consequent on the non-appearance of the petitioner before J.F.C.M-I, Parappanangadi, the case against him was transferred to the long pending register and registered as L.P.No.48/2000. 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. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail.

(3.) 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 and disposed of, preferably on the same day on which it is filed. Until such disposal, non bailable warrants of arrest pending against the petitioner shall not be executed. The application is disposed of as above.