IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1581 of 2009() ----------------------------- SC.155/2003 of DISTRICT COURT, PALAKKAD (CRIME NO. 314 OF 1992 OF TOWN NORTH POLICE STATION, PALAKKAD .................... PETITIONER/ACCUSED -------------------- SHAHUL HAMEED, AGED 42 YEARS, S/O. KHADER MOIDEEN, RESIDING AT 98-B, JOTHI NAGAR, D COLONY, POLLACHI - 642002 BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 1581 of 2009 * * * * * * * * * * * * * * * * * * Dated: 23-03-2009 ORDER Petitioner who is one of the accused in Crime No. 314 of 1992 of Town North Police Station, Palakkad, seeks anticipatory bail. One of the accused by name Natarajan was tried in S.C. 155 of 2003 on the file of the Sessions Court, Palakkad and was acquitted of the offences punishable under Sections 366 and 376 read with Sec. 34 I.P.C. and Sec. 3(1)(XI) and 3 (2)(V) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1984. Consequent on the non-appearance of the petitioner before the Sessions Court, Palakkad, non-bailable warrant 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 surrender before the Sessions Court and seek regular bail. Accordingly, if the petitioner surrenders before the Sessions Court 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 B.A. No. 1581 of 2009 -:2:- 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) ani.