IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Bail Appl..No. 5363 of 2011() ----------------------- CRIME NO. 117 OF 2005 OF PERUMPADAPPU POLICE STATION, MALAPPURAM DISTRICT PETITIONER/2ND ACCUSED -------------------- RAFI, S/O.MUHAMMEDALI, ACHARENTAKATH, PALAPETTY P.O. AYIRUR AMSOM PUTHIYURUTHI DESOM BY ADV. SRI.SOJAN MICHEAL SMT.JENCY MICHEAL RESPONDENT(S): ------------- STATE OF KERALA, STATION HOUSE OFFICER, PERUMPADAPPUPOLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5363 of 2011 ------------------------------- DATED: 01-07-2011 O R D E R Petitioner who is the 2nd accused in Crime No. 117 of 2005 of Perumpadappu Police Station, Malappuram District for offences punishable under Sections 341 and 307 read with Sec. 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 40 of 2006 on the file of the J.F.C.M., Ponnani, 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 Bail A.No.5363 of 2011 -:2:- Magistrate and files an application for regular bail within two weeks from today, the 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. With the above observation this application is disposed of . Dated this the 1st day of July, 2011. V.RAMKUMAR, JUDGE. ani/