IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 5209 of 2011() ---------------------- CC.9/2008 of J.M.F.C. - VI, KOZHIKODE .................... PETITIONER : ACCUSED -------------------- RAFI, AGED 38 YEARS, S/O. USMAN, SADIQUE MANZIL, NADAKKAV.P.O, KOZHIKODE -11. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5209 of 2011 ------------------------------- DATED: 28-06-2011 O R D E R Petitioner who is the sole accused in Crime No. 342 of 2004 of Town Police Station, Kozhikode, for offences punishable under Sections 143, 147, 148, 323 and 427 read with Sec. 149 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 9 of 2008 on the file of the J.F.C.M. VI, 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 Bail A.No. 5209 of 2011 -:2:- 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. It shall be open to the petitioner to highlight the fact that co-accused in the case have been acquitted after trial. With the above observation this application is disposed of. Dated this the 28th day of June, 2011. V.RAMKUMAR, JUDGE. ani/