IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 8715 of 2010() --------------------------------------- CRIME NO.100/2008 OF ADHUR POLICE STATION, KASARGOD DISTRICT ............ PETITIONER/ACCUSED NO.2 ------------------------------------------- BHARATH RAJ, S/O.RAMACHANDRA MANIYAN, GOWRIADKA HOUSE, POST MOWAR, KASARGOD DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No. 8715 of 2010 ------------------------------- DATED: 7-1-2011 O R D E R Petitioner who is the 2nd accused in Crime No. 100 of 2008 of Adhur Police Station for offences punishable under Sections 341, 427 and 308 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M. I, Kasaragod, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 59 of 2009. 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 . Sd/-V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge