IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 Bail Appl. No. 46 of 2011() ---------------------- Crime No. 65 of 2002 of Tholpatti Police Station,Wayanad .................... PETITIONER/ACCUSED ------------------ THOMAS THADATHIL, S/O.JOSEPH, AGED 42 YRS., THADATHIL HOUSE, PADIYOOR P.O., IRITTY, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. THE S.H.O., THOLPATTI POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 46 of 2011 ------------------------------- DATED: 04-01-2011 O R D E R Petitioner who is the accused in Crime No. 65 of 2002 on the file of Tholpatti Police Station, Wayanad for offences punishable under Sections 457 and 380 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 284 of 2007 on the file of the J.F.C.M.I, Mananthavadi, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.47 of 2008. 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 . Dated this the 4th day of January, 2011. V.RAMKUMAR, JUDGE. ani/