IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3429 of 2011() ----------------------------------------- C.C.NO. 180/2009 of CHIEF JUDICIAL MAGISTRATE COURT ,KASARAGOD CRIME NO.848/2008 OF KASARAGOD POLICE STATION .................... PETITIONER/1ST ACCUSED ---------------------------------------- MOHAMMED ALI,AGED 34 YEARS ,S/O.ABDUL RAHIMAN, KOLIYADUKKAM HOUSE,P.O PERUMBALA, KALNAD,KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S)/ COMPLAINANT ------------------------------------------------- THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3429 of 2011 ------------------------------------------------ Dated this the 3rd day of May, 2011 ORDER Petitioner, who is accused No.1 in C.C.No.180 of 2009 on the file of the Chief Judicial Magistrate Court, Kasaragod, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.180 of 2009 on the file of the Chief Judicial Magistrate Court, Kasaragod, 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 3rd day of May, 2011. V.RAMKUMAR, JUDGE. skj