IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6399 of 2010() ----------------------------- (CRIME NO.675/2008 OF PERAMBRA POLICE STATION) CC.142/2009 of J.M.F.C.-I, PERAMBRA .................... PETITIONER/3RD ACCUSED: ------------------------------------------- RIYAS C.K. @ PUTTEMMAL RIYAS, AGED 29 YEARS, S/O.IBRAHIM, KIZHAKKE PARAMBIL, MENHANNYAM P.O., PERAMBRA, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6399 of 2010 ------------------------------------------------ Dated this the 15th day of October, 2010 ORDER The petitioner, who is accused No.3 in Crime No.675 of 2008 of Perambra Police Station for offences punishable under Sections 143, 147, 148, 353 & 332 read with Section 149 I.P.C, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class-I, Perambra in C.C.No.142 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 Judicial Magistrate of the First Class-I, Perambra and seek regular bail. Accordingly, if the petitioner surrenders before the Judicial Magistrate of the First Class-I, Perambra and files an application for Bail Appln.No.6399/2010 : 2 : 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