IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Bail Appl..No. 8573 of 2010() ----------------------------------------- LP.NO.87/2008 IN CP.NO.66/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTARAKKARA. ........ (CRIME NO.128/2004 OF POOYAPPALLY POLICE STATION,KOLLAM DISTRICT) PETITIONERS/ACCUSED NO.5: ---------------------------------------------- JAFARKHAN, S/O.ALIYARKUNJU, CHARUVILAPUTHEN VEEDU, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOYAPPILLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.8573 of 2010 ------------------------------------------ Dated this the 23rd day of December, 2010 O R D E R Petitioner, who is the 5th accused in C.P.No.66/2006 on the file of the Judicial First Class Magistrate Court, Kottarakkara, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No.66/2006 on the file of the Judicial First Class Magistrate Court, Kottarakkara, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.87/2008. 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 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. V.RAMKUMAR, JUDGE. ln