IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Bail Appl..No. 5819 of 2010() ------------------------------------------ (CRIME NO.29/2007 OF VECHOOCHIRA POLICE STATION, PATHANAMTHITTA DISTRICT) ....... PETITIONER (S): 1ST ACCUSED: ------------------------------------------------ ABDUL RAHIMAN @ SAJU , AGED 27 YEARS, S/O.MUHAMMED KUNJU, PLANKKOOTTATHIL HOUSE, CHATHANTHARA PO, KUNNAM MURI, KOLLAMULLA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE S.I. OF POLICE, VECHOOCHIRA POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 &R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5819 of 2010 ------------------------------------------------ Dated this the 28th day of September, 2010 ORDER The petitioner, who is accused No.1 in Crime No.29 of 2007 of Vechoochira Police Station for offences punishable under Sections 341, 324 & 308 read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class-I, Ranni in C.P.No.54 of 2007, 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 Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within Bail Appln.No.5819/2010 : 2 : 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 skj