IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Bail Appl..No. 8374 of 2010 -------------------------------------- [C.P.NO.71/2010 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT, CHAVAKKAD IN CRIME NO. 34/2010 OF VADANAPPALLY POLICE STATION, TRICHUR] ............ PETITIONER/ACCUSED: ---------------------------------- PRABEESH , S/O.PRASANNA, INNARAN HOUSE, NAMBIKADAVU P.O,THALIKULAM,TRICHUR DISTRICT. BY ADV. SRI.P.K.ANIL. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION,TRICHUR DISTRICT. 2. STATE, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.8374 of 2010 ------------------------------- Dated this the 23 rd day of December, 2010. O R D E R Petitioner who is the 7th accused in C.P.No. 71 of 2010 on the file of Judicial First Class Magistrate, Chavakkad seeks anticipatory bail. 2. 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. rv