IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Bail Appl..No. 6766 of 2010() ----------------------------- (CRIME NO.68 OF 2008 OF PATHANAMTHITTA POLICE STATION) PETITIONER/ACCUSED -------------------------------------- SIJU, AGED 34 YEARS, S/O.SUGATHAN, VANNAPPATTU HOUSE, PARIYARAM, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE S.I OF POLICE, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6766 of 2010 ------------------------------------------------ Dated this the 20th day of October, 2010 ORDER The petitioner, who is accused No.7 in Crime No.68 of 2008 of Pathanamthitta Police Station for offences punishable under Sections 143, 147, 148, 338 & 308 read with Section 149 I.P.C. and whose case is now pending before the Judicial Magistrate of the First Class-II, Pathanamthitta as L.P.No.53 of 2009, seeks anticipatory bail. 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 Judicial Magistrate of the First Class-II, Pathanamthitta and seek regular bail. Accordingly, if the petitioner surrenders before the Judicial Magistrate of the First Class-II, Pathanamthitta 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 skj