IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Bail Appl..No. 6875 of 2010() ----------------------------- AGAINST THE ORDER IN LP 73/2009 IN CC.227/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, PERINTHALMANNA .................... (CRIME NO.254/2005 OF MELATTUR POLICE STATION) PETITIONER-FIRST ACCUSED: -------------------------------------------- MUHAMMED MUSTHAFA, AGED 29 YEARS, S/O.MUHAMMED, ALIPATTA HOUSE, P.O.MELATTUR, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR, MELATTUR, 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 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6875 of 2010 ------------------------------------------------ Dated this the 1st day of November, 2010 ORDER The petitioner, who is accused No.1 in C.C.No.227 of 2009 on the file of the Judicial Magistrate of the First Class-II, Perinthalmanna, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.227 of 2009 on the file of the Judicial Magistrate of the First Class-II, Perinthalmanna, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.73 of 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 Bail Appln.No.6875/2010 : 2 : 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 skj