IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Bail Appl..No. 1971 of 2011() ---------------------------------- LPC.1/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG IN CRIME NO.47/2001 OF NILESHWAR POLICE STATION, KASARAGOD DISTRICT .................... PETITIONER/ACCUSED --------------------------- P.T. ANIL KUMAR, AGED 36 YEARS, S/O. NANU, R/AT SUSHAMA NIVAS, PANTHAKKAL, MAHE. BY ADV. SRI.K.P.HARISH RESPONDENT(S):COMPLAINANT & STATE ------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, LPC NO.1/2007 OF JFCM II, HOSDURG IN CRIME NO. 47/2001 OF NILESHWAR POLICE STATION, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No.1971 of 2011 ------------------------------- DATED: 10.03.2011 O R D E R Petitioner, who is the sole accused in L.P.C.No.1/2007 on the file of J.F.C.M-II, Hosdurg, 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. It shall be open to the petitioner to highlight the fact that the co-accused in this case have already been acquitted during trial. With the above observation this application is disposed of . Dated this the 10th day of March, 2011. V.RAMKUMAR, JUDGE. sj