HARIKUMAR ALIAS HARI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 7th accused in Crime No.108/2003 of Thrikkakkara Police Station for offences punishable under Secs.109, 120B, 450, 397, 411 and 216-A read with sec.34 I.P.C. and sec.27(1) of the Arms Act, 1959 and secs.3 and 5 of the Explosive Substances Act, 1908, seeks anticipatory bail.

(2.) ADMITTEDLY, the case against the petitioner was split up by the committal court viz. J.F.C.M.-II, Aluva where it is pending as L.P.157/2005 and non-bailable warrants of arrest are pending against him. 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 court and seek regular bail. Accordingly, if the petitioner surrenders before the magistrate court and files an application for regular bail within ten days from today, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation this application is disposed