IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 823 of 2011() -------------------------- CRIME NO. 38/2004 OF CHERPU POLICE STATION, THRISSUR ......................... PETITIONER / ACCUSED NO. 3 : --------------------------------------------- ASHARAF.P.S., S/O.SUBAIR, PUTHIYAPARAMBATH HOUSE, VALAPAD BEACH.P.O., ANCHAGADI, THRISSUR DISTRICT. BY ADV. SRI. A.C. DEVY RESPONDENT / COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ------------------------------- Bail Application No.823 of 2011 ------------------------------- Dated this the 18 th day of February, 2011. O R D E R Petitioner who is the 3rd accused in L.P.No.69 of 2005 on the file of Judicial First Class Magistrate-I, Thrissur, 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 . V.RAMKUMAR, JUDGE. rv