IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Bail Appl..No. 6053 of 2010() ----------------------------------------- L.P.NO.21/2009 IN SC.NO.235/2009 OF SESSIONS COURT, MANJERI, MALAPPURAM DISTRICT. ............. PETITIONER/3RD ACCUSED. ------------------------------------------- IQBAL, S/O.HYDER, KOLLARIKKAL HOUSE, KUTTAYI P.O., TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA. RESPONDENT/COMPLAINANT. --------------------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, TIRUR, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6053 of 2010 ------------------------------------------------ Dated this the 27th day of September, 2010 ORDER The petitioner, who is accused No.3 in Cr.No.171 of 2005 of Tirur Police Station for offences punishable under Sections 143, 147, 148, 324 & 308 read with Section 149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Sessions Court, Manjeri in L.P.No.21 of 2009 in SC.No.235 of 2009, non-bailable warrants of arrest are pending against the petitioner. 3. 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 Sessions Court and seek regular bail. Accordingly, if the petitioner surrenders before the Sessions Court 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 Bail Appln.No.6053/2010 : 2 : 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 skj