IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Bail Appl..No. 6325 of 2010() -------------------------------------------- (CRIME NO.168/2010 OF PERUVANNAMUZHI POLICE STATION, KOZHIKODE) ............... PETITIONER/5TH ACCUSED: ------------------------------------------ KHALID SHABEER, PUNNACHALIL, MEPPAYOOR, KOZHIKODE. BY ADVS. SRI.P.SREEKUMAR, SRI.K.S.MANU. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. SUB INSPECTOR OF POLICE, PERUVAMUZHI POLICE STATION, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.6325 of 2010 ------------------------------- DATED: 13.10.2010 O R D E R Petitioner, who is the 5th accused in Crime No.168/2006 of Peruvannamuzhi Police Station for offences punishable under Sections 143,147,452,427,294(b), 506(1) read with 149 IPC, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M-II, Perambra, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.53/2009. Admittedly, 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 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 . V.RAMKUMAR, JUDGE. sj