IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Bail Appl..No. 1766 of 2011() ------------------------ Crime No. 31 of 2009 of Nilambur Police Station, Malappuram LP.25/2010 of J.M.F.C.,NILAMBUR .................... Applicant/Accused: ---------------- Raju Thomas, S/o. V. Thomas, Pulikunnel House, P.O. Nilambur RS Malappuram District BY ADV. SRI.P.VENUGOPAL (1086/92) SRI.M.REVIKRISHNAN RESPONDENT(S): ------------- State of Kerala, represented by Public Prosecutor, High Court of kerala, Ernakulam (Representing Sub Inspector of Police, Nilambur Public Prosecutor Sri. M.S. Breez THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1766 of 2011 ------------------------------- DATED: 03-03-2011 O R D E R Petitioner who is the accused in Crime No. 31 of 2009 of Nilambur Police Station, Malappuram District for offences punishable under Sections 353 and 294 (b) I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 114 of 2009 before the J.F.C.M. Nilambur, the case against the petitioner was transferred to the Long Pending Register as L.P. No. 25 of 2010. 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 . Dated this the 3rd day of March, 2011. V.RAMKUMAR, JUDGE. ani/