IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7436 of 2010() ---------------------------------- (L.P.R 62/2005 IN C.C. NO.1010/2003 ON THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY, O.R.NO.1/2002 OF FOREST RANGE, VELLIKULANGARA, THRISSUR DISTRICT) .................. PETITIONER/ACCUSED --------------------------- RAJESH, S/O.MENOTHPARAMBIL VASU, AMBALAPURAM BHAGATH, PERINGANDOOR VILLAGE. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------- Bail Application No. 7436 of 2010 ---------------------------------------------- DATED: 22nd day of November, 2010 O R D E R Petitioner, who is the 1st accused in O.R.No. 1/2002 of Vellikulangara Forest Range for offences punishable under Sections 27(1) (e), (iii) and (iv) of Kerala Forest Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.1010/2003 on the file of the J.F.C.M Court, Chalakudy the case against the petitioner has been transferred to the Long Pending Case Register as L.P.R.No.62/2005. 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. dmb