IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Bail Appl..No. 5162 of 2010() ----------------------------- L.P.CNO.37/1998 IN C.C.NO.382/1995 OF CRIME NO.170/1991 OF ADHUR POLICE STATION KASARAGOD PETITIONER/ACCUSED -------------------------------------- AMBA MOHAMMED, S/O. ABDULRAHIMAN, RATNAKUNJA VILLAGE, ASHOOR MANZIL AT PALETHADI PARNAKUNJA POST, PUTHUR TALUK, D.KDISTRICT. KARNATAKA STATE, NOW RESIDING AT SAFAR AT KUWAIT. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, (SHO, ADHUR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.5162 of 2010 ------------------------------- DATED: 07.09.2010 O R D E R Petitioner who is the accused in Crime No.170/1991 of Adhur Police Station for offences punishable under Secs.420,463,468 and 471 IPC , seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.382/1995 on the file of the J.F.C.M-I, Kasaragod, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.37/1998. 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