IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Bail Appl..No. 841 of 2011() -------------------------------------- L.P.NO.14 OF 2009 IN C.P.NO.3/2008 OF JFCM, TIRUR CRIME NO.2/2005 OF KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT ---------------------------- PETITIONER/ACCUSED ----------------------------------- JALEEL ALIAS KUNHAPPU S/O.MOHAMMEDKUTTY, AGED 35 YEARS MANATH KUZHIYIL, MELMURI, KADAMPUZHA, KALPAKANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNKULAM, REPRESENTING SUB INSPECTOR OF POLICE KALPAKANCHERY POLICE STATION, KALPAKANCHERRY 676 551, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.841 of 2011 ----------------------------------------------------- Dated this the 1st day of February, 2011 ORDER The petitioner, who is the sole accused in Crime No.2 of 2005 of Kalpakanchery Police Station, Malappuram District, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P.No.14 of 2009 in C.P.No.3 of 2008 on the file of the Judicial Magistrate of the First Class, Tirur, 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 B.A.No.841/2011 2 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. skj