IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6749 of 2010() ----------------------------- CP.73/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT,PAYYANNUR .................... (CRIME NO.61/2010 OF PAYYANNUR POLICE STATION) ........ PETITIONER/ACCUSED NO.2 ------------------------------------------- M.LATHEESH KUMAR, S/O. NARAYANAN, "ANUPAMA", VAYIPARAMBA, AZHIKODE, KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): ----------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 6749 of 2010 --------------------------------------------- DATED: 28th day of October, 2010 O R D E R Petitioner, who is the 2nd accused in Crime No.61/2010 of Payyannur Police Station for offences punishable under Sections 498A and 302 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.73/2010 on the file of the J.F.C.M Court, Payyannur, 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. dmb