IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6128 of 2010() ---------------------------------- (CRIME NO.53/2009 OF CHEEMENI POLICE STATION, KASARAGOD DISTRICT C.C.NO.827/2009 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG, KASARAGOD DISTRICT) .............. PETITIONER(S)/IST ACCUSED ------------------------------------ KHALID.N.P., AGED 40 YEARS, S/O.HASSAINAR HAJI, RESIDING AT PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ---------------------------- THE STATION HOUSE OFFICER, CHEEMENI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 6128 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 7th day of October, 2010 ORDER Petitioner, who is the 1st accused in Crime No.53/2009 of Cheemeni Police Station for an offence punishable under Section 420 I.P.C, seeks anticipatory bail. Consequent on the non-appearance of the petitioner before the J.F.C.M Court-I, Hosdurg in C.C.No.827/2009, non-bailable warrant of arrest are pending against the petitioner. 2. 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 J.F.C.M Court-I, Hosdurg and seek regular bail. Accordingly, if the petitioner surrenders before the J.F.C.M Court-I, Hosdurg and files an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. This Bail Application is, accordingly, disposed of. V. RAMKUMAR, (JUDGE) dmb