IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Bail Appl..No. 166 of 2011() ---------------------------------------- (CRIME NO.131/2007 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT) ......... PETITIONER/ACCUSED: -------------------------------------- SUSHAMMA, AGED 38 YEARS, W/O. GURUDAS, MADHAVAN CHIRA KIZHAKKETHIL, MAHADEVIKAD.P.O. KARTHIKAPPALLY. BY ADV. SRI.G.BENO RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRIKKUNNAPPUZHA POLICE STATION, THRIKKUNNAPPUZHA, ALAPPUZHA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 166 of 2011 ------------------------------- DATED: 17 th January, 2011 O R D E R Petitioner who is the first accused in Crime No. 131 of 2007 of Thrikkunnapuzha Police Station for an offence punishable under Section 420 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. 732 of 2007 on the file of the J.F.C.M.I Haripad, the case against the petitioner was split up and re-filed as C.C. No. 765 of 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 17th day of January, 2011. V.RAMKUMAR, JUDGE.