IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2857 of 2011() ----------------------------- CC.918/2008 of C.J.M.,KASARAGOD .................... PETITIONER: --------------- SADAKKATH M, AGED 40 YEARS, S/O.ABDUL SALAM R/AT MUNAMBETH HOUSE, P.P.THURUTHI, VIA CHERUVATHUR, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (C.C.NO.918/2008 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. CRIME NO.138/2001 OF CHANDERA POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2857 of 2011 ------------------------------- DATED: 05.04.2011 O R D E R Petitioner, who is the 5th accused in C.C.No.918/2008 on the file of Chief Judicial Magistrate, Kasaragod, seeks anticipatory bail. 2. 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 5th day of April, 2011. V.RAMKUMAR, JUDGE. sj