IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Bail Appl..No. 5642 of 2010 (A) ----------------------------- (CRIME NO.354/2006 OF PERAMBRA POLICE STATION NOW PENDING AS S.C. 230/2007 OF ASSISTANT SESSIONS COURT, KOYILANDY) PETITIONER/ACCUSED NO.4: -------------------------------------------- RIYAS.P., AGED 28 YEARS, S/O.AHMED, PUTHUKKUDI HOUSE, KAYANNA P.O., PERAMBRA, CALICUT DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ---------------------- 1. THE STATION HOUSE OFFICER, PERAMBRA POLICE STATION, CALICUT DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. SUB ENGINEER, ELECTRICAL SECTION CHAKKITTAPARA, VIA PERAMBRA- CALICUT DISTRICT. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5642 of 2010 * * * * * * * * * * * * * * * * * * Dated: 23.09.2010 ORDER Petitioner, who is the 4th accused in Crime No.354/2006 of Perambra Police Station which is now pending as S.C.No.230/2007 on the file of Assistant Sessions Court, Koyilandy, seeks anticipatory bail. Admittedly 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 Sessions Judge and seek regular bail. Accordingly, if the petitioner surrenders before the court below and files an application for regular bail within two 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) sj