IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Bail Appl..No. 5322 of 2011() ----------------------- CRIME NO. 414 OF 2008 OF KASARAGOD POLICE STATION PETITIONER : ACCUSED -------------------- IQUBAL @ MOHAMMED IQUBAL, AGED 21 YEARS, S/O.T.E.ABDULLA, R/AT NARAMPADY, NEKRAJE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH SHO KASARAGOD, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5322 of 2011 ------------------------------- DATED: 01-07-2011 O R D E R Petitioner who is the 3rd accused in Crime No. 414 of 2008 of Kasaragod Police Station, Kasaragod District for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 511 of 365 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. 513 of 2008 on the file of the Chief Judicial Magistrate, Kasaragod, 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 Bail A.No.5322 of 2011 -:2:- 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 . Dated this the 1st day of July, 2011. V.RAMKUMAR, JUDGE. ani/