IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 6131 of 2010() ----------------------------- (CRIME NO.254/2005 OF KUMBALA POLICE STATION) PETITIONER:2ND ACCUSED: -------------------- MOIDEEN ABBA, S/O.MUHAMMED KUNJU AGED 38 YEARS, NEAR KADAMBAR MOSQUE KASARAGOD DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS:STATE --------------- 1. THE SUB INSPECTOR OF POLICE KUMBLA POLICE STATION. 2. STATE REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6131 of 2010 ------------------------------------------------ Dated this the 29th day of September, 2010 ORDER The petitioner, who is accused No.2 in Crime No.254 of 2005 of Kumbla Police Station, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the Additional Sessions Court (Ad hoc-I), Kasaragod in S.C.No.807 of 2007, non-bailable warrants of arrest are pending against the petitioners. 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 Additional Sessions Court (Ad hoc-I), Kasaragod and seek regular bail. Accordingly, if the petitioner surrenders before the Additional Sessions Court (Ad hoc-I), Kasaragod 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 skj