IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Bail Appl..No. 1762 of 2011() --------------------------------- LPC.46/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, KASARAGOD CRIME NO.213/2005 OF BADIADKA POLICE STATION, .................... PETITIONER/2ND ACCUSED -------------------------------- PRASANTHA SHETTY, S/O.RAMAYYA SHETTY, BHOTHAKKALLU HOUSE, BADOOR VILLAGE AND POST, KASARAGOD DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY (S.I. OF POLICE KUMBALA POLICE STATION), THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No.1762 of 2011 ------------------------------- DATED: 11.03.2011 O R D E R Petitioner, who is the 2nd accused in L.P.C.No.46/2007 on the file of J.F.C.M-I, Kasaragod, 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. The petitioner may highlight the fact that the co-accused in the case stand discharged on the withdrawal of the prosecution. With the above observation this application is disposed of . Dated this the 11th day of March, 2011. V.RAMKUMAR, JUDGE. sj