IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8030 of 2010() ------------------------------------------ (CRIME NO.554/2008 OF WADAKKANCHERY POLICE STATION IN THRISSUR DISTRICT) ....... PETITIONER/SECOND ACCUSED: ---------------------------------------------- SHAMSUDHEEN, AGED 31, S/O.ABDULLA, NARIYAMPULLY HOUSE, CHITTANDA VILLAGE DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI.RAVI K.PARIYARATH. RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REP.BY THE WADAKKANCHERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.8030 of 2010 ------------------------------- DATED: 21.12.2010 O R D E R Petitioner, who is the 2nd accused in Crime No.554/2008 of Wadakkanchery Police Station , seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M, Wadakkanchery, the case against the petitioner has been re-filed as C.P.No.39/2010. 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 21st day of December, 2010 V.RAMKUMAR, JUDGE. sj