IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1177 of 2009() ----------------------------- CRIME NO. 227 OF 2006 OF MANJESWARAM POLICE STATION .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- HAMEED @ ABDUL HAMEED,AGED 30 YRS, S/O.LATE MUHAMMED, HIDAYATH NAGAR, UPPALA, KASARAGOD. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1177 of 2009 ------------------------------- DATED: 16-03-2009 O R D E R Petitioner who is the second accused in Crime No. 227 of 2006 of Manjeswaram Police Station for offences punishable under Secs. 143, 147, 148, 323 and 308 read with Sec. 34 I.P.C. , seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 305 of 2007 on the file of the J.F.C.M.I, Kasargod the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 99 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 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. ani