IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Bail Appl..No. 5862 of 2010() ----------------------------- CP.164/2009 of J.M.F.C.,KASARAGOD .................... PETITIONER -------------------- ABDUL MUTHALIB AGED 35 YEARS, S/O.A.P.ABDULL, KAIRU MANZIL, KUNDATHUR, UPPALA GRAMAM, KASARAGOD TALUK BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.5862 of 2010 ------------------------------- DATED: 20.09.2010 O R D E R Petitioner, who is the 1st accused in Crime No.320/2008 of Manjeshwar Police station, now pending as C.P.No.164/2009 on the file of J.F.C.M-I, Kasaragod, 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. sj