IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Bail Appl..No. 5626 of 2010() ---------------------------------- (CRIME NO.303/08 OF KODUNGALLUR POLICE STATION CC NO.896/08 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR, THRISSUR DISTRICT.) ......... PETITIONER(S)/IST ACCUSED ----------------------------------- RASHEED,S/O.ABDUL KADHER KALLINGAL HOUSE CHAPPARA, PULLUT VILLAGE,KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.BABU KARUKAPADATH, SMT. VAHEEDA BABU, SRI. K.A. NOUSHAD, SRI. P.G. PRAMOD, SRI. RAHUL KANDAMPULLY RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA,REPRESENTED BY SUB-INSPECTOR OF POLICE,KODUNGALLUR POLICE STATION,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5626 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 20th day of September, 2010 ORDER Petitioner, who is the 5th accused in Crime No.303/2008 of Kodungallur Police Station for offences punishable under Sections 143, 147, 148, 153 read with 149 IPC and Section 3(1) of PDPP Act 1984, seeks anticipatory bail. Consequent on the non- appearance of the petitioner before the J.F.C.M Court, Kodungallur in C.C.No.896/2008, non-bailable warrant of arrest are pending against the petitioner. 2. 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 J.F.C.M Court, Kodungallur and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M Court, Kodungallur 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 notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. This Bail Application is, accordingly, disposed of. V. RAMKUMAR, (JUDGE) dmb