IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Bail Appl..No. 399 of 2011() ----------------------------------------- (SC NO.322/2009 OF ADDL.SESSIONS COURT (ADHOC III) THALASSERY) ... (CRIME NO.483/2000 OF KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT) ........ PETITIONER/ACCUSED: -------------------------------------- CHERIYAKKADAVAN BIJU, AGED 33 YEARS, S/O.BALAN, R/AT PALEKUNNATH HOUSE, MANGATTIDAM AMSOM, VATTIPRAM DESOM, KANNUR DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE: ------------------------------------ 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (SC NO.322 OF 2009 OF THE ADDITIONAL SESSIONS JUDGE (ADHOC-III, THALASSERY(CRIME NO.483 OF 2000 OF KUTHUPARAMBA POLICE STATION), KANNUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.399 of 2011 --------------------------------------------------- Dated this the 24th day of January, 2011 ORDER The petitioner, who is the sole accused in S.C.No.322 of 2009 on the file of the Additional Sessions Court Adhoc-III, Thalassery (Crime No.483 of 2000 of Kuthuparamba Police Station), 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. V. RAMKUMAR, JUDGE. skj