IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Bail Appl..No. 6104 of 2010() ---------------------------------------- CR. NO.72/2000 OF KASARAGOD POLICE STATION. ....... PETITIONER/4TH ACCUSED ------------------------------------------ SARF @ SARFUDEEN, S/O.ABDUL KHADER, WEST HOUSE, MAYIN NAAR, UDAYAGIRI, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6104 of 2010 ------------------------------------------------ Dated this the 28th day of September, 2010 ORDER The petitioner, who is accused No.4 in Cr.No.721 of 2000 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 448, 427, 153(A) read with Section 149 I.P.C, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the Chief Judicial Magistrate, Kasaragod in L.P.C.No.164 of 2006, non-bailable warrants 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 Chief Judicial Magistrate, Kasaragod and seek regular bail. Accordingly, if the petitioner surrenders before the Chief Judicial Magistrate, Kasaragod 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 skj