IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1946 of 2010() ----------------------------- (CRIME NO.166/2006 OF KOODAL POLICE STATION) PETITIONER/IST ACCUSED ------------------------------------------ SANTHANAM, AGED 57 YEARS, S/O.DAMODHARAN ACHARI, THACHAKKUNNIL EBENEZER HOUSE, ULLANNOOR, P.O.KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE S.I. OF POLICE, PANDALAM POLICE STATION. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1946 of 2010 ------------------------------- DATED: 6/4/2010 O R D E R Petitioner who is the 1st accused in Crime No.166 of 2006 of Pandalam Police Station for offences punishable under Sections 447, 427 & 506(ii) read with section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 492/2006 on the file of the J.F.M.C. Adoor,the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.9/2009. 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. dpk