E KUNJI MOIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 5th accused in Crime No.232/95 of Tirurangadi Police Station for an offence punishable under section 3 read with section 25(1)(a) of the Arms Act and section 53A of the Kerala Police Act, seeks anticipatory bail.

(2.) Admittedly, consequent on the non-appearance of the petitioner before the J.F.C.M, Parappanangadi in C.C.No..637/01, non-bailable warrants of arrest are pending against him. According to the petitioner, he had never received summons from the court.

(3.) Anticipatory bail cannot be granted in a case of this nature so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the trial court and seek regular bail. Accordingly, if the petitioner surrenders before the trial 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 date on which it is filed after examining the grievance of the petitioner that he was never served with summons in the case and after considering the explanation for his previous non- appearance. With this direction, this petition is disposed of.