IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 8032 of 2010() ------------------------------------------- LPC 128/09 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,HOSDURG, KASARAGOD DISTRICT ........ PETITIONER/1ST ACCUSED: ------------------------------------------- SURESH.A., AGED 39 YEARS, S/O.KARTHIYAYANI, `KALLERI VEETIL', PADIMARUTHU P.O.,HOSDURG TALUK. BY ADVS. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENT(S): STATE: -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 8032 of 2010 ------------------------------- DATED: 03-12-2010 O R D E R Petitioner who is the first accused in a crime registered for offences punishable under Sections 498 A, 448 and 294 (b) I.P.C. and whose case is now pending before the J.F.C.M. I Hosdurg, Kasaragod District, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 128 of 2009. 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 Bail A.No.8032 of 2010 -:2:- 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 3rd day of December, 2010. V.RAMKUMAR, JUDGE.