IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 8086 of 2010() ---------------------------------- (L.P.C.NO.38/2009 IN CRIME NO.669/2006 OF CHALAKUDY POLICE STATION OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY, THRISSUR DISTRICT) .......... PETITIONER/ACCUSED NO.1 --------------------------------- BIJU, S/O.MATHAI, AGED 32 YEARS, CHENGANNUR VILAYIL VEETIL, PANDALAM POOKAITHA, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATION HOUSE OFFICER, CHALAKUDY POLICE STATION, THRISSUR, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------- Bail Application No. 8086 of 2010 ------------------------------- DATED: 6th December, 2010 O R D E R Petitioner who is the first accused in Crime No. 669 of 2006 of Chalakudy Police Station for an offence punishable under Sec. 395 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 38 of 2009 on the file of the J.F.C.M., Chalakkudy. 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 Bail A.No. 8086 of 2010 -:2:- 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 6th day of December, 2010. V.RAMKUMAR, JUDGE.