IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7636 of 2010(B) ------------------------------------------ [C.C. NO.575/1999 OF THE JUDICIAL MAGISTRATE COURT OF FIRST CLASS, VAIKOM] ......... PETITIONER/1ST ACCUSED: ----------------------------------------- M.M.JOSEPH, AGED 59 YEARS, RETIRED CIRCLE INSPECTOR OF POLICE, NOW RESIDING AT MUNDATHANAM HOUSE, KIZHATHADIYOOR P.O., PALA-686 574. BY ADV. SRI.V.N.SASIDHARAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.7636 of 2010 ------------------------------- Dated this the 30th day of November, 2010. O R D E R Petitioner who is the first accused in C.C. No.575 of 1999 on the file of Judicial First Class Magistrate, Vaikom, seeks anticipatory bail. 2. 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 30th day of November, 2010. V.RAMKUMAR, JUDGE. rv