IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 1251 of 2009() ----------------------------- C.C. NO. 53 OF 2007 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA WHICH IS NOW PENDING AS L.P. 37 OF 2007 PETITIONER/ACCUSED: --------------------------------------- SHAJIDEEN @ SHAJI, KOCHUPUTHEN VEEDU, THEKKUTHODU MURI, THANNITHODU VILLAGE, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON 11/03/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * B.A. No. 1251 of 2009 * * * * * * * * * * * * * * * * * * Dated: 11-03-2009 ORDER Petitioner the first accused in Crime No. 60 of 2003 of Pathanamthitta Police Station for an offence punishable under Sec. 498 A read with Sec. 34 I.P.C. 2. Consequent on the non-appearance of the petitioner in C.C. No. 53 of 2007 on the file of the Chief Judicial Magistrate, Pathanamthitta the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 37 of 2007. 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 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. ani