IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1904 of 2009() -------------------------------------- *CRIME NO.83/94 OF ANJUTHENGU POLICE STATION *NAME OF THE POLICE STATION IS CORRECTED AS PER ORDER IN CRL.MA NO.2202/09 DT. 21.4.09. ....... PETITIONER /5TH ACCUSED : ---------------------------------------- ABDUL RASHEED, S/O.ABDUL SALAM, THAHIR MANZIL, MEL-VETTOOR PO, VARKALA, THIRUVANANTHAPURAM. BY ADV. MR.C.R.SIVAKUMAR RESPONDENT /COMPLAINANT : ------------------------------------------- THE STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.KAMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ------------------------------- Bail Application No.1904 of 2009 ------------------------------- Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner, who is the fifth accused in Crime No.83/1994 of Anjuthengu Police Station for the offences punishable under secs.143, 147, 149, 448, 436 of I.P.C., seeks anticipatory bail. 2. Consequent to the non-appearance of the petitioner in L.P.18/1996 before the J.F.C.M., Varkala non-bailable warrants of arrest are pending against the petitioner. This court will be loathe to issue any direction 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 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 B.A.No.1904 of 2009 :-2-: preferably on the same day on which it is filed after considering the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of. V.K.MOHANAN, JUDGE pac