IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Bail Appl..No. 2093 of 2011() ----------------------------- LPR.107/2008 of JUDICIAL FIRST CLASS MAGISTRATE, CHALAKUDY .................... PETITIONER/ACCUSED:- --------------------------- BASHEER, S/O. MOIDEEN, PADIKASHALAYIL HOUSE, CHAPPARA, PULLUTTU, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT/COMPLAINANT:- ----------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHALAKKUDY POLICE STATION, (CRIME NO.52 OF 2005), THRISSUR. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 2093 of 2011 ------------------------------- Dated this the 23 rd day of March, 2011. O R D E R Petitioner who is the first accused in C.C.No. 412 of 2005 on the file of Judicial First Class Magistrate, Chalakkudy, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No. 412 of 2005 on the file of Judicial First Class Magistrate, Chalakkudy the case against the petitioner has been transferred to the Long Pending Case Register as L.P.R No.107 of 2008. 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.