IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Bail Appl..No. 1758 of 2011() ----------------------------- AGAINST THE ORDER IN LPC.31/09 IN CC.297/2007 of J.M.F.C.-I,HOSDRUG .................... (CRIME NO.276/2005 OF CHANDERA POLICE STATION,KANHANGAD, KASARAGOD DISTRICT) ...................... PETITIONER/ACCUSED: -------------------------------------- KAPPACHERY PRAMOD, AGED 33/06 YEARS, S/O.KUNHIKANNAN, PONNAMVAYAL, PERINGOM, VAYAKARA, KANNUR DT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. THE S.H.O., CHANDERA POLICE STATION, KANHANGAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.1758 of 2011 ------------------------------- DATED:03.03.2011 O R D E R Petitioner, who is the sole accused in C.C.No.297/2007 on the file of the J.F.C.M-I, Hosdurg, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.297/2007 on the file of the J.F.C.M-I, Hosdurg, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.31/2009. 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 . Dated this the 3rd day of March, 2011. V.RAMKUMAR, JUDGE. sj