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. 1338 of 2010() ----------------------------- SC.587/2003 of ADDL.DISTRICT COURT (ADHOC)-III, THALASSERY L.P. NO. 46/2003 of JUDICIAL FIRST CLASS MAGISTRATE -I, MATTANNUR CRIME NO. 345/2000 of IRITTY POLICE STATION .................... PETITIONER/ACCUSED NO.6:- ---------------------------------- SANATH KUMAR, AGED 30 YEARS, S/O.K.V.BALAN NAMBIAR, 'SREELAKSHMI', KEEZHUR, KEEZHUR P.O., VIA. IRITTY, KANNUR DISTRICT. BY ADV. MR. M.SASINDRAN RESPONDENTS/COMPLAINANT:- ------------------------------------ 1. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.345 OF 2000 OF IRITTY POLICE STATION), IRITTY, KANNUR DISTRICT. ADV. MR. C.M. NAZER, 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. 1338 of 2010 ======================= Dated this the 6th day of April, 2010. O R D E R Petitioner who is the 6th accused in Crime No. 345 of 2000 of Iritty Police Station for offences punishable under Sections 143, 147, 148, 341, 324 and 307 r/w Section 149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P. No.46 of 2003 on the file of the Judicial First Class Magistrate-I, Mattannur 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