IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Bail Appl..No. 2997 of 2008() ----------------------------- AGAINST THE ORDER IN LPR. 252 /2007 IN CP.48/2006 of J.M.F.C., KODUNGALLUR .................... (IN CRIME NO.65 OF 2005 BY VALAPPAD POLICE STATION) PETITIONER:ACCUSED: ----------------------------------- FAISAL, S/O. SALEEM, PARUPANAKKAL HOUSE,KOORIKUZHI, KAIPAMANGALAM BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT:COMPLAINANT: ---------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE C.I. OF POLICE VALAPPAD. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. K.MOHANAN, J. -------------------------------- Bail Application No. 2997 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R Petitioner, who is the 26th accused in Crime No. 66 of 2005 of Valappad Police Station pending before the JFCM Court, Kodungallur for offences punishable under Sections 143, 147, 148, 353, 332, 188, 283, 323, 324 and 307 read with Section 149 of I.P.C., by filing the present petition, seeks anticipatory Bail. 2. It is a case where the petitioner was originally granted bail but subsequently the same was cancelled. 3. Consequent to his non-appearance in C.P. 48 of 2006, non-bailable warrants of arrest are pending against the petitioner. This Court will not issue a direction to the court below so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed bearing in mind the decision in Sukumari v. B.A. No. 2997 OF 2008 2 State of Kerala [2001 (1) KLT 22]. With the above observation, this Application is disposed of . V.K.MOHANAN, JUDGE. ttb