IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Bail Appl..No. 1598 of 2009() ----------------------------- CRIME NO 13/2004 OF THIRUVAMBADY POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ SHAMSUDHEEN, S/O.AHAMMED, POOLAKULANGARA, POST MUKKOM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, THIRUVAMBADY POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1598 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 31st day of March, 2009 O R D E R Petitioner who is the 1st accused in Crime No.123/2004 of Thiruvambady Police Station for offences punishable under Sections 406 and 498A read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No. 385/2006 on the file of the Judicial First Class Magistrate Court-II, Thamarassery, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.26/2007. 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 BA 1598/09 -2- 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 . V. RAMKUMAR, JUDGE. mn.