IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Bail Appl..No. 6216 of 2010() ------------------------------------------ (CRIME NO.5/02 OF DHARMADAM POLICE STATION, KANNUR DISTRICT) .... PETITIONER/ACCUSED NO.13: -------------------------------------------- A.M.FAISAL @ PAVASU, AGED 37 YEARS, S/O.BAPPOOTTY, RESIDING AT ACHARATHPARAKKADA MAHAL, DHARMADAM.P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. SRI.ABRAHAM K.JOHN, SRI.P.K.BALAKRISHNAN, SMT.DIVYA.K.NAIR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, DHARMADAM POLICE STATION, DHARMADAM.P.O., THALASSERY TALUK, KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6216 of 2010 ------------------------------------------------ Dated this the 11th day of October, 2010 ORDER The petitioner, who is accused No.13 in Crime No.5 of 2002 of Dharmadam Police Station for offences punishable under Sections 143, 147, 148, 427 read with Section 149 I.P.C. and Sections 3 & 5 of the Explosive Substance Act, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class, Thalassery in L.P.No.80/2009, non-bailable warrants of arrest are pending against the petitioner. 2. 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, Thalassery and seek regular bail. Accordingly, if the petitioner surrenders before the Judicial Magistrate of the First Class, Thalassery and files an application for regular bail within three 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