IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Bail Appl..No. 7321 of 2010() ------------------------------------- C.C. NO.239/2005 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE. ......... PETITIONER/ A 13 --------------------------- MUJEEB S/O.MUHAMMAD,KUNNATH VEEDU, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7321 of 2010 ------------------------------------------------ Dated this the 10th day of November, 2010 ORDER The petitioner, who is accused No.13 in Crime No.85 of 1998 of Town Police Station, Kozhikode for offences punishable under Sections 143, 147 & 506(1) read with Section 149 I.P.C. and Sec.3(2)(c) of PDPP Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.239 of 2005 on the file of the Chief Judicial Magistrate, Kozhikode, 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 Bail Appln.No.7321/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj