IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Bail Appl..No. 1205 of 2011 -------------------------------------- [C.P. NO.199/2010 OF THE J.F.C.M. COURT, KASARAGOD, KASARAGOD DISTRICT, CRIME NO.671/2009 OF KASARAGOD POLICE STATION] PETITIONER/ 2ND ACCUSED: ------------------------------------------ UNIAIS, S/O. MOHAMMED KUNHI, LATHEEF HOTEL, NR. FAMILY SUPPER MARKET, KOLIYADUKKAM, CHAMMANAD, KASARAGOD. BY ADVS. SRI.T.B.SHAJIMON, SMT.GOVINDU.P. RENUKADEVI. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1205 of 2011 ----------------------------------------------------- Dated this the 11th day of February, 2011 ORDER The petitioner, who is accused No.2 in C.P.No.199 of 2010 on the file of the Judicial Magistrate of the First Class, Kasaragod, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.199 of 2010 on the file of the Judicial Magistrate of the First Class, 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. V.RAMKUMAR, JUDGE. skj