IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 5523 of 2010() ---------------------------------- (CRIME NO.61/1998 OF KUNNAMKULAM POLICE STATION, KUNNAMKULAM) PETITIONER/ACCUSED NO.2 ---------------------------------- SHAJI @ SHAJAHAN, AGD 36 YEARS, S/O. HASSAN, CHIRATTAKATTIL HOUSE, ANIKKADU DESOM, MUVATTUPUZHA VILLAGE. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. M.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 5523 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 8th day of September, 2010 ORDER Petitioner, who is 2nd accused in Crime No.61/1998 of Kunnamkulam Police Station for an offence punishable under Section 394 read with 34 I.P.C, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the J.F.C.M Court, Kunnamkulam in C.C.No.31/2003, non-bailable warrant of arrest are pending against the petitioner. 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 J.F.C.M Court, Kunnamkulam and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M Court, Kunnamkulam 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) dmb