IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5320 of 2011() ----------------------------- CC.53/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1140/2010 OF HOSDURG POLICE STATION .................... PETITIONER:ACCUSED -------------------- SHANTHA, W/O.KANNAN, ELATHUMKUZHI, KALICHAMPOTHY, MADIKKAI, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: ------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.5320 of 2011 ------------------------------------------------ Dated this the 30th day of June, 2011 ORDER Petitioner, who is accused No.3 in C.C.No.53 of 2011 on the file of the Judicial Magistrate of the First Class-I, Hosdurg, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.53 of 2011 on the file of the Judicial Magistrate of the First Class-I, Hosdurg, 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 her previous non- appearance. With the above observation this application is disposed of. Dated this the 30th day of June, 2011. V.RAMKUMAR, JUDGE. skj