IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 2023 of 2010() ----------------------------- LP.86/2008 of J.M.F.C.-I,ATTINGAL ) .................... PETITIONER/ACCUSED -------------------------------------- ANIL KUMAR, S/O. GOPALA PILLAI, VADAKKEVILA VEEDU, KEEZHAVOOR, ANDOORKONAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 2023 of 2010 ------------------------------- DATED: 6/4/2010 O R D E R Petitioner who is the sole accused in Crime No.260 of 2003 of Attingal Police Station for offences punishable under Sections 417 and 420 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 9/2009. 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. dpk