IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Bail Appl..No. 6504 of 2010() ----------------------------- AGAINST THE ORDER IN LP 27/2004 IN CC.791/2002 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/ACCUSED -------------------------------------- HASHIM, S/O. ABDUL SALAM, SUMAYYA MANZIL, ANAKUDI MURI, PANGODE VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.6504 of 2010 ------------------------------- DATED: 19.10.2010 O R D E R Petitioner who is the sole accused in Crime No.246/2002 of Kadakkal Police Station, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.791/2002 on the file of J.F.C.M-II, Kottarakkara, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.27/2004. 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 . V.RAMKUMAR, JUDGE. sj