IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Bail Appl..No. 5388 of 2011() ----------------------------- L.P.R. NO. 64/2010 IN CC.586/2005 of J.M.F.C.-III,TRIVANDRUM CRIME NO. 251/2005 of KAZHAKOOTTAM POLICE STATION .................... PETITIONER/ ACCUSED: ---------------------------- DEEPU E.G., S/O. GANESHAN, CHEMPAZHANTHI DEEPAM HOUSE, CHEMPAZHANTHI GURUKULAM, PANGAPPARA, SREEKARYAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT/ COMPLAINANT: ----------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAZHAKOOTTAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5388 of 2011 ------------------------------- Dated this the 1 st day of July, 2011. O R D E R Petitioner who is the sole accused in C.C.No.586 of 2005 on the file of Judicial First Class Magistrate -III, Thiruvananthapuram, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.586 of 2005 on the file of Judicial First Class Magistrate -III, Thiruvananthapuram the case against the petitioner has been transferred to the Long Pending Case Register as L.P.R No.64 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 . sd/- V.RAMKUMAR, JUDGE. rv