IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 Bail Appl..No. 4179 of 2011() ----------------------------- CC.465/1999 of J.M.F.C.,KUNNAMANGALAM .................... PETITIONER/2ND ACCUSED ------------------------------------------ ALAVI HAJI, AGED 75 YEARS, S/O.MOHAMMED, OLAKARA POST, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING SUB INSPECTO OF POLICE, CHEVAYOOR POLICE STATION, CHEVAYOOR P.O.-673017, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4179 of 2011 ------------------------------- DATED: 30.05.2011 O R D E R Petitioner, who is the 2nd accused in C.C.No.465/1999 on the file of the J.F.C.M, Kunnamangalam, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.465/1999 on the file of the J.F.C.M, Kunnamangalam, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.17/2000. 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 . Dated this the 30th day of May, 2011. V.RAMKUMAR, JUDGE. sj