ARUN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 3rd accused in Crime No.255/2004 of West Police Station, Kollam for offences punishable under Secs.341, 323 and 308 read with sec.34 I.P.C. and sec.27 of the Arms Act 1959, seeks anticipatory bail.

(2.) ADMITTEDLY, consequent on the non-appearance of the petitioner before the magistrate court where the case is pending as C.P.97/2006, 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. There is no reason why the petitioner should not surrender before the concerned magistrate and seek regular bail. 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 after examining the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is dismissed.