IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 Bail Appl..No. 88 of 2011() ------------------------------- (CRIME NO.64/2009 OF KASARAGOD POLICE STATION, C.C. NO.222/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT KASARAGOD, KASARAGOD DISTRICT) ........... PETITIONER/ACCUSED ---------------------------- NAHISMUBBIN PALLAM A1 S/O.C.H..IBRAHI, PHALIPADAPPU HOUSE, ADUKKATHVAYAL VILLAGE, KASARAGOD BY ADVS. SRI.T.B.SHAJIMON SRI.GOVINDU P. RENUKADEVI RESPONDENT(S): --------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE,KASARAGOD POLICE STATION,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No. 88 of 2011 ------------------------------- DATED: 5th January, 2011 O R D E R Petitioner who is the accused in Crime No. 64 of 2009 of Kasaragod Police Station for offences punishable under Sections 448, 324, 353, 506 (1) and 294 (b) read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 222 of 2009 on the file of the J.F.C.M., Kasaragod, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the 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 notwithstanding the pendency of non-bailable warrants of arrest against the petitioner and also after considering the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of . Dated this the 5th day of January, 2011. V.RAMKUMAR, JUDGE. ani/