IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Bail Appl..No. 3110 of 2011() ----------------------------- LP.6/2009 of JUDICIAL FIRST CLASS MAGISTRATE, MUTTAM .................... PETITIONER/ ACCUSED:- ---------------------------- SIMON JOSEPH, AGED 43 YEARS, S/O. K.C. JOSEPH, KUNNAPPILLIL HOUSE, PYNGOTTUR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PERMANENTLY RESIDING AT YUPIA, PAPPUMPARA DISTRICT, ARUNACHAL PRADESH. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KARIMANNUR (INVESTIGATING OFFICER IN CRIME NO. 156/2006 OF KARIMANNUR POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 3110 of 2011 ------------------------------- Dated this the 12 th day of April, 2011. O R D E R Petitioner who is the sole accused in C.C.No. 1091 of 2006 on the file of Judicial First Class Magistrate, Muttam, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No. 1091 of 2006 on the file of Judicial First Class Magistrate, Muttam the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.6 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 three 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