IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 780 of 2011() --------------------------------------- CRIME NO.884/2007 OF PERINTHALMANNA POLICE STATION C.C.NO.244/2008 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-1, PERINTHALMANNA ----------------------------------------- PETITIONER/2ND ACCUSED ------------------------------------------ HAMZA @ SAIFU, S/O.ALAVI, NECHIYIL HOUSE, KUNNAKKAVU, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT - 673 121. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No.780 of 2011 ------------------------------- Dated this the 8 th day of February, 2011. O R D E R Petitioner who is the 2nd accused in C.C.No. 244 of 2008 on the file of Judicial First Class Magistrate-I, Perinthalmanna, seeks anticipatory bail. 2. 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 . V.RAMKUMAR, JUDGE. rv