IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 Bail Appl..No. 216 of 2011(D) ---------------------------------------- [CRIME NO.47/2006 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT] ........ PETITIONER/ACCUSED NO.5: ------------------------------------------ O.V.SHABAREESH, S/O.BHASKARAN, CHUNDA, KANNAPURAM AMSOM, KANNUR DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SMT.LEELA.R. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. --------------------------------------------- Bail Application No.216 of 2011 ---------------------------------------------- Dated this the 18th day of January, 2011 ORDER The petitioner, who is accused No.5 in Crime No.47 of 2006 of Kannapuram Police Station, Kannur, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.C.No.410 of 2007 on the file of the Sessions Court, Thalassery, 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 Sessions Judge and seek regular bail. Accordingly, if the petitioner surrenders before the Sessions Judge 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 B.A.No.216/2011 2 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. skj