IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Bail Appl..No. 2938 of 2011() ----------------------------- CC.357/2010 of J.M.F.C.,KUTHUPARAMBA .................... PETITIONER/IST ACCUSED ------------------------------------------ DILEEP, S/O.VASU, PARIMADATHIL, AGED 33, RESIDING AT USHA NIVAS, KAPPARA, MANGATTIDOM POST, KOOTHUPARAMBU, KANNUR DISTRICT-670643. BY ADV. SRI.T.M.MOHAMMED YOUSUFF, SENIOR ADVOCATE SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.ASHIFA YOUSEFF RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. SUB INSPECTOR OF POLICE, KOOTHUPARAMBU, KANNUR DISTRICT. 3. PRAJEESHA, D/O.VASU, THEKKUMPADAM HOUSE, PANAMPATTA DESOM, THOLAMBRA P.O., KANNUR DISTRICT, PIN-670673. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2938 of 2011 ------------------------------------------------ Dated this the 11th day of April, 2011 ORDER Petitioner, who is accused No.1 in C.C.No.357 of 2010 on the file of the Judicial Magistrate of the First Class, Koothuparambu, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.357 of 2010 on the file of the Judicial Magistrate of the First Class, Koothuparambu, 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 11th day of April, 2011. V.RAMKUMAR, JUDGE. skj