IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1407 of 2009() ----------------------------- CRIME NO.199/2003 OF KASARAGOD POLICE STATION L.P.C.NO.17/2006 ON THE FILE OF THE CJM, KASARAGOD PETITIONER: -------------------- C.A.NOUFAL AGED 32 YEARS, S/O.ABBASI, CHOORI, KARIVEDAKAM, KUDLU VILLAGE, R.D.NAGAR POST, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF POLICE, KASARAGOD POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1407 of 2009 =============================== DATED: 16.03.2009 O R D E R Petitioner, who is the 2nd accused in Crime No.199 of 2003 of Kasaragod Police Station for offences punishable under Secs.323,147, 506(i)& 153(A) read with section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P. No.17 of 2006 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 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . Dated this the 16th day of March, 2009 V.RAMKUMAR, JUDGE. sj