IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6391 of 2010() ----------------------------- (CRIME NO.354/2006 OF PERAMBRA POLICE STATION) SC.230/2007 of ASSISTANT SESSIONS COURT, KOYILANDY .................... PETITIONER/3RD ACCUSED ------------------------------------------ RIYAS C.K. @ PUTTEMMAL RIYAS, AGED 29 YEARS, S/O.IBRAHIM, KIZHAKKE PARAMBIL, MENHANNYAM P.O., PERAMBRA, KOZHIKODE DT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6391 of 2010 ------------------------------------------------ Dated this the 15th day of October, 2010 ORDER The petitioner, who is accused No.3 in Crime No.354 of 2006 of Perambra Police Station for offences punishable under Sections 308 read with Section 34 I.P.C. and Sec. 135 & 139 of the Electricity Act, 2003 and Sec.3(2)(a) of PDPP Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Assistant Sessions Court, Koyilandy in S.C.No.230 of 2007, 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 Assistant Sessions Court, Koyilandy and seek regular bail. Accordingly, if the petitioner surrenders before the Assistant Sessions Court, Koyilandy and files an application for regular bail within two weeks Bail Appln.No.6391/2010 : 2 : 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