IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6292 of 2010() ----------------------------- CP.18/2010 of J.M.C. - II, PERAMBRA, KOZHIKODE DISTRICT .................... (CRIME NO.4/2006 OF PERUVANNAMUZHI POLICE STATION, KOZHIKODE DISTRICT) ..................... PETITIONER(S): ACCUSED NO.1: -------------------------------------------------- ABDUL KARIM, S/O.ABDUL RAHMAN, KALLUKETTIYATHIL HOUSE, PERUVANNAMUZHI, P.O.MUTHUKAD, KOZHIKODE. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, PERUVANNAMUZHI POLICE STATION., KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 6292 of 2010 ------------------------------- DATED: 4th October, 2010 O R D E R Petitioner who is the first accused in Crime No. 4 of 2006 of Peruvannamuzhi Police Station for offences punishable under Sections 376, 312, 313, 315 and 506 (i) read with Sec. 34 I.P.C. and whose case is now pending before the J.F.C.M. II, Perambra, as C.P. No. 18 of 2010, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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 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. ani