IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Bail Appl..No. 8211 of 2010 -------------------------------------- [CRIME NO.545/91 OF CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT] ............ PETITIONER/ACCUSED: ---------------------------------- SALEEJ, AGED 40 YEARS, S/O.BALAKRISHNA PILLAI, SADANAM HOUSE, KOTTAMURI, THRIKKODITHANAM, CHANGANASSERY. BY ADV. SRI.S.RAJEEV. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.545/91 OF CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT.) BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.8211 of 2010 ----------------------------------------- Dated this the 9th day of December, 2010 O R D E R Petitioner, who is the first accused in Crime No.545/1991 of Changanassery Police Station for an offence punishable under Section 395 IPC, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M, Changanassery, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.34/1995. 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. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE. ln