IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Bail Appl..No. 5524 of 2010() ----------------------------- (CRIME NO.67/1998 OF KARUVARAKUNDU POLICE STATION) PETITIONER/ACCUSED -------------------------------------- KUNHIMUHAMMED, S/O. BEERANKUTTY, VYDHYARTHODIKA HOUSE, OOTHALAKUNNU, KARUVARAKUNDU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5524 of 2010 ------------------------------------------------ Dated this the 16th day of September, 2010 ORDER The petitioner, who is the accused in Crime No.67/1998 of Karuvarakundu Police Station, Malappuram for offences punishable under Sections 448 & 354 I.P.C. read with Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class-I, Manjeri in L.P.No.6/2002, non-bailable warrants of arrest are pending against the petitioner. 3. 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-I, Manjeri and seek regular bail. Accordingly, if the petitioner surrenders before the Judicial Magistrate of the First Class-I, Manjeri 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 Bail Appln.No.5524/2010 : 2 : pendency of non-bailable warrants of arrest against the petitioner and bearing in mind the decisions in Ali Vs. State of Kerala (2000(2)KLT 280), Shanu Vs. State of Kerala (2000(3)KLT 452), Krishna Kumar Vs. State of Kerala (2005(1)KLD (Crl)42) and P.P.Khader Vs. State of Kerala (2005 (1) KLD (Crl)250). This Bail Application is, accordingly, disposed of. V.RAMKUMAR, JUDGE skj