IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Bail Appl..No. 1317 of 2009() ----------------------------- L.P.51/2008 OF JFCM NO.II, THRISSUR ARISIGN FROM C.C.591/2005 OF JFCM NO.II, THRISSUR. PETITIONER (S): ACCUSED:- -------------------- SAKEER HUSSAIN, AGED 39 YEARS, S/O.ABDUL KHADER, KOZHAKUZHI PARAMBIL HOUSE, PAZHUVIL WEST, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE:- --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1317 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13rd day of March, 2009 O R D E R Petitioner who is the accused in Crime No.359/2005 of Anthikad Police Station for offences punishable under Section 332 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.591/2005 on the file of the Judicial First Class Magistrate Court-II, Thrissur, the case was entered in the long pending register as L.P. 51/2008 and 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 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. mn.