IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 Bail Appl..No. 4209 of 2011() ----------------------- Crime No. 640 of 2009 of Thalassery Police Station .................... PETITIONER/ACCUSED ---------- K.K. ANSARI, S/O. ABOOBACKER, AGED 27 YEARS, KANDOTH, KARINGUNNIMMEL, NARAVUR ROAD, KUTHUPARAMBA, KANNUR BY ADV. SRI.CIBI THOMAS RESPONDENT(S): ------------ 1. THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, - 670 042 2. STATE PRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4209 of 2011 ------------------------------- DATED: 30-05-2011 O R D E R Petitioner who is the first accused in Crime No. 640 of 2009 of Thalassery Police Station for an offence punishable under Section 364 (A) I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 41 of 2010 on the file of the JFCM, Thalassery, 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 . Dated this the 30th May, 2011. V.RAMKUMAR, JUDGE.