IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1878 of 2010 ------------------------ CC.376/2009 of CHIEF JUDL.MAGISTRATE KOZHIKODE CRIME NO. 93 OF 1997 OF KASABA POLICE STATION, KOZHIKODE PETITIONER/ACCUSED: ------------------- A.M.SAID MUHAMMED, AGED 44 YEARS, S/O.ABDUL MAJEED, NIYAS MANZIL, KARAKKUNI, KARYAMPADI P.O., MEENANGADI VIA, WAYANAD DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): COMPLAINANT: --------------------------- THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1878 of 2010 ------------------------------- DATED: 6th April, 2010 O R D E R Petitioner who is the sole accused in Crime No. 93 of 1997 of Kasaba Police Station, Kozhikode, for an offence punishable under Section 12(1)(b) of Indian Passport Act, 233ks anticipatory bail 2. Consequent on the non-appearance of the petitioner in C.C. No. 376 of 2009 on the file of the Chief Judicial Magistrate, Kozhikode, 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. ani