IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3295 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2878/2008 Dated 09/05/2008 .................... S.C.NO.41/2001 ON THE FILE OF THE ASST.SESSIONS COURT, ATTINGAL PETITIONER/7TH ACCUSED --------------------------------------- ABDUL RAHIMAN @ ATHRAN, SON OF ALIYAR KUNJU, JAS MANZIL, ANCHUMUKKU, VARKALA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 3295 of 2008 =============================== DATED: 22.05.2008 O R D E R Petitioner who is the 7th accused in Crime No.313 of 1991 on the file of J.F.C.M, Varkala for offences punishable under Secs.143,147,149 & 436 IPC , seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.C. No.41/2001 on the file of the Asst.Sessions Court, Attingal, 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 Sessions Judge concerned and seek regular bail. Accordingly, if the petitioner surrenders before the learned Judge 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. sj