IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Bail Appl..No. 160 of 2011() ------------------------------------------ (CRIME NO.138/2005 OF MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT) ......... PETITIONER/ACCUSED: -------------------------------------- HUSSAIN,S/O. AHAMMEDKUTTY, KUTTIPPULIYAN HOUSE, DORAKKAM AMSOM, KAARATHODE, MALAPPURAM POLICE STATION. BY ADVS. SRI.SHIRAZ ABDULLA, SRI. JOJO PAPPACHAN. RESPONDENT(S): ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 160 of 2011 ------------------------------- DATED: 17-01-2011 O R D E R Petitioner who is the sole accused in Crime No. 138 of 2005 of Malappuram Police Station for offences punishable under Sections 363, 368, 376 & 506 (ii) I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M., Malappuram, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.17/2007. 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 17th day of January, 2011. V.RAMKUMAR, JUDGE. ani/