IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7672 of 2010() ------------------------------------------- CC.NO.312/1995 AND LP. NO.20/1998 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKKARA, KOLLAM ... (CRIME NO.110/1995 OF KADAKKAL POLICE STATION) PETITIONER/ACCUSED NO.2: -------------------------------------------- NISSAR, S/O.H.KANNU RAVUTHER, NISSAR MANZIL, KUMIL VILLAGE, KUMIL MURI. BY ADVS. SRI.TOJAN J. VATHIKULAM, SRI.GEORGE BRISTON E.B., SRI.V.P.PRASANTH. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7672 of 2010 ------------------------------------------------ Dated this the 30th day of November, 2010 ORDER The petitioner, who is accused No.2 in Crime No.110 of 1995 of Kadakkal Police Station, for offences punishable under Sections 447, 427 & 324 read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.312 of 1995 on the file of the Judicial Magistrate of the First Class-II, Kottarakara, the case against the petitioner has been transferred to the Long Pending Case Register as L.P.No.20 of 1998. 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 Bail Appln.No.7672/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj