IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Bail Appl..No. 2707 of 2011() ------------------------ Crime No. 950 of 2008 of Kasaragod Police Station .................... PETITIONER/1ST ACCUSED ---------------------- MIRSHAD .N. A., S/O. ABDULLA, NAYANMARMOOLA, VIDYA NAGAR, KASARAGOD DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Public Prosecutor Sri. C.S. Hrithwik THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2707 of 2011 ------------------------------- DATED: 11-04-2011 O R D E R Petitioner who is the Ist accused in Crime No. 950 of 2008 of Kasaragod Police Station for offences punishable under Sections 440, 427 and 308 read with Sec. 34 I.P.C. and whose case is now pending before the Addl. Sessions Court (Adhoc - III), Kasaragod as S.C. 239 of 2010, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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 Court below and seek regular bail. Accordingly, if the petitioner surrenders before the Court below 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 . V.RAMKUMAR, JUDGE. ani/