IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 2019 of 2010() --------------------------------- CRIME NO. 34/2009 OF BADIYADUKA POLICE STATION C.P. NO. 147/2009 of JUDICIAL FIRST CLASS MAGISTRATE-I, KASARAGOD. PETITIONER/6TH ACCUSED:- -------------------------------- ASHRAF @ ACHU, S/O.ABDULLA, AGED 29 YEARS, SHENI, MAIRE VILLAGE, KASARAGOD TALUK. BY ADV. MR. M.RAMESH CHANDER MR. ANEESH JOSEPH RESPONDENT/STATE:- -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No. 2019 of 2010 ======================= Dated this the 6th day of April, 2010. O R D E R Petitioner who is the 6th accused in Crime No. 34 of 2009 of Badiyaduka Police Station for offences punishable under Sections 143, 147, 148, 452, 354, 427 and 308 r/w section 149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 147 of 2009 on the file of the Judicial First Class Magistrate-I, Kasaragod, 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . Dated this the 6th day of April, 2010. V.RAMKUMAR, JUDGE. rv