IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2871 of 2011() ------------------------ Crime No. 161 of 2002 of Panniyankara Police Station, Kozhikode PETITIONER/IST ACCUSED ---------------------- ABDUL KALEEL, S/O.MOHAMED, AGED 27 YEARS, MATTUVALAPILPARAMBIL, MATHOTTAM, NADUVATTOM AMSOM DESOM, ARAKINAR.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.K.SUDHAKARAN, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB-INSPECTOR OF POLICE,PANNIYANKKARA POLICE STATION, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2871 of 2011 ------------------------------- DATED: 05-04-2011 O R D E R Petitioner who is the first accused in Crime No. 161 of 2011 of Panniyankara Police Station for offences punishable under Sections 143, 147, 427, 153 (A) read with Sec. 149 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, the case against the petitioner has been refiled as C.C. No. 160 of 2010 and transferred to the Long Pending Register as L.P. No. 20 of 2010 on the file of the Chief Judicial Magistrate, Kozhikode. 3. Admittedly, 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. Bail A.No. 2871 of 2011 -:2:- 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. It shall be open to the petitioner to highlight the fact that co-accused have been acquitted after trial. With the above observation this application is disposed of . Dated this the 5th day of March, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge