IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 Bail Appl..No. 99 of 2011() ------------------------ CRIME NO. 746/2005 OF MATHILAKAM POLICE STATION ................... PETITIONER / 1ST ACCUSED: ----------------------------------------- SHELBY, S/O. SHAJI @ SHAJAHAN, KOTTYAR VALAPPIL HOUSE, PUNNAKKA BAZAR, PAPPINIVATTOM VILLAGE. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, REPRESENTING THE S.I. OF POLICE, MATHILAKAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ------------------------------- Bail Application No.99 of 2010 ------------------------------- DATED: 5th January, 2011 O R D E R Petitioner who is the first accused in Crime No. 746 of 2005 of Mathilakam Police Station for an offence punishable under Sec. 308 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in CC.P. No. 79 of 2006 on the file of the J.F.C.M., Kodungallur, .the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 139 of 2007. 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 . Dated this the 5th day of January, 2011. Sd/-V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge