IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Bail Appl..No. 7781 of 2010() ----------------------------------- (CC.341/2003 of J.M.F.C.-I, PERINTHALMANNA CRIME NO. 147/1999 OF PERINTHALMANNA POLICE STATION MALAPPURAM DISTRICT) .................... PETITIONER/IST ACCUSED --------------------------------- ILLIYAS, S/O.MUHAMMED ALIAS KUNHAN, CHOLAMUKATH HOUSE, ANAMANGAD, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7781 of 2010 ------------------------------------------------ Dated this the 25th day of November, 2010 ORDER The petitioner, who is accused No.1 in Crime No.147 of 1999 of Perinthalmanna Police Station, for an offence punishable under Section 498-A read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.341 of 2003 on the file of the Judicial Magistrate of the First Class-I, Perinthalmanna, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.73 of 2007. 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 Bail Appln.No.7781/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj