IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Bail Appl..No. 1034 of 2011() ---------------------------------- (C.C.NO.847/2006 AS L.P.C.NO.174/2007 IN O.R.NO.8/94 FOREST RANGE OFFICE KASARAGOD, OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD) .... PETITIONER/ACCUSED ---------------------------- RAFEEQUE, AGED 40 YEARS, S/O.ABDULLA, R/AT.KULATHALA, CHEDIMOOLA HOUSE, ADOOR VILLAGE, ADOOR POST, KASARAGOD. BY ADVS. SRI.T.B.SHAJIMON SRI.GOVINDU P. RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, FOREST RANGE OFFICE KASARAGOD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No.1034 of 2011 ------------------------------- DATED: 16.02.2011 O R D E R Petitioner who is the 1st accused in C.C.No.847/2006 on the file of Chief Judicial Magistrate, Kasaragod, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.847/2006 on the file of Chief Judicial Magistrate, Kasaragod, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.174/2007. 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 16 th day of February, 2011. V.RAMKUMAR, JUDGE. sj