IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 1270 of 2009() ----------------------------- CC.17/2007 of JUDICIAL FIRST CLASS MAGISTRATE - I, PONNANI .................... PETITIONER/ACCUSED:- --------------------------- ABOOBACKER,AGED 30 YEARS, S/O.ABDULLAKUTTY, VYKATHUVALAPPIL HOUSE, P.O.KOKOOR,PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. MR. C.PRABIN BENNY RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No. 1270 of 2009 ======================= Dated this the 18th day of March, 2009. O R D E R Petitioner who is the accused in C.C. No. 17 of 2007 on the file of the Judicial First Class Magistrate, Ponnani for an offence punishable under Section 420 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 17 of 2007 on the file of the Judicial First Class Magistrate, Ponnani, 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . Dated this the 18th day of March, 2009. V.RAMKUMAR, JUDGE. rv