IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Bail Appl..No. 7663 of 2011() ---------------------------------------- C.C.443/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR, PATHANAMTHITTA DISTRICT. ................... PETITIONER/ACCUSED NO.1 ------------------------------------------- THOMAS SAMUEL @ SAJI, AGE 43 YEARS, S/O. MATHAI, MALETHU HOUSE, VADASSERIKKARA MURI, VADASSERIKKARA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ------------------------------- Bail Application No.7663 of 2011 ------------------------------- DATED: 16-09-2011 O R D E R Petitioner who is the first accused in C.C. No. 443 of 2006 on the file of the J.F.C.M. Addor for offences punishable under Sections 498 A and 323 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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 . Dated this the 16th day of September, 2011. V.RAMKUMAR, JUDGE. ani/