IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Bail Appl..No. 1175 of 2009() ----------------------------- CC.1261/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT,HOSDRUG PETITIONER/ACCUSED NO.1 ------------------------------------------- LISHAMMA JOSEPH @ THRESSIA, D/O.JOSEPH, THONDIKKAL HOUSE, BALANTHODE P.O., PANATHADY VILLAGE, KASARAGOD DISTRICT, NOW AT BARNSTON COURT NURSING HOME, 21, BARNSTON LANE, MORTON, C.H.46-7 TN, ENGLAND, GREAT BRITAIN. BY ADV. SRI.T.K.KUNHABDULLA SRI.GEORGE MECHERIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 18. PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 1175 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13rd day of March, 2009 O R D E R Petitioner who is the 1st accused in Crime No. Rajapuram Police Station registered under Section 420 read with section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No. 1261/2008 on the file of the Judicial First Class Magistrate Court, Hosdurg, non-bailable warrants of arrest are pending against her. 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, after considering the explanation offered by the petitioner for her previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.