IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Bail Appl..No. 2110 of 2011 -------------------------------------- [S.C. NO.295/2004 NOW PENDING AS L.P.C. NO.16/2010 OF THE DISTRICT AND SESSIONS COURT (ADHOC) III , KASARGOD, CRIME NO.146/2001 OF ADHUR POLICE STATION] ........... PETITIONER/ACCUSED: ---------------------------------- RAFEEQUE, AGED 40 YEARS, S/O.ABDULLA, R/AT KOLATHALA, CHEDIMOOLA HOUSE, ADOOR VILLAGE, ADOOR POST, KASARGOD. BY ADVS. SRI.T.B.SHAJIMON, SMT.GOVINDU.P. RENUKADEVI. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REP.BY INSPECTOR OF POLICE, ADHUR POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.2110 of 2011 * * * * * * * * * * * * * * * * * * Dated: 15-03-2011 ORDER Petitioner, who is the sole accused in Crime No. 146 of 2011 of Adhur Police Station, and whose case is now pending before the District and Sessions Court (Ad hoc) III, Kasaragod as L.P. No. 16 of 2010 (S.C. No. 295 of 2004), 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 Court below and seek regular bail. Accordingly, if the petitioner surrenders before the court below and files an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. This Bail Application is, accordingly, disposed of. Dated this the 15th day of March, 2011. V. RAMKUMAR,(JUDGE) ani/