IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Bail Appl..No. 5701 of 2010() ----------------------------- LPC.29/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... (CRIME NO.81/2004 OF KASARAGOD POLICE STATION) PETITIONER/5TH ACCUSED: ------------------------------------------ SAKARIYA, S/O.MOIDEEN @ MODIU, AGED 26 YEARS, LAKSHAM VEEDU COLONY, BLARKOD, P.O.KUDLU, KASARAGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.5701 of 2010 ------------------------------- DATED: 15.09.2010 O R D E R Petitioner, who is the 5th accused in Crime No.81/2004 of Kasaragod Police Station, now pending before the Chief Judicial Magistrate, Kasaragod for offences punishable under Secs.143,147,148,506(ii),435,153A read with sec.149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.86/2007, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.29/2007. Admittedly, 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 . V.RAMKUMAR, JUDGE. sj