IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Bail Appl..No. 7679 of 2011() ------------------------------------------ (CRIME NO.137/2008 OF NEELESWARAM POLICE STATION, KASARAGOD DISTRICT) ......... PETITIONER/ACCUSED: -------------------------------------- SANTHOSH, S/O.RAJAN, AGED 36 YEARS, THATTUVILA HOUSE, INCHAVILA P.O., KOLLAM DISTRICT. BY ADVS. SRI.S.RAJEEV, SRI.K.K.DHEERENDRA KRISHNAN. RESPONDENT(S): & STATE: ------------------------------------------ STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM(CRIME NO.137/2008 OF NEELESWARAM POLICE STATION,KASARAGOD DISTRICT, NOW PENDING AS CP NO.60/2009(LP NO.93/2010) ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, HOSDURG). BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.7679 of 2011 ------------------------------- DATED: 16.09.2011 O R D E R Petitioner, who is the sole accused in C.P.No.60/2009 on the file of J.F.C.M-II, Hosdurg, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.60/2009 on the file of the J.F.C.M-II, Hosdurg, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.93/2010. 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 16th day of September, 2011. V.RAMKUMAR, JUDGE. sj