IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6429 of 2010() ----------------------------- CC.373/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHALAKUDY, THRISSUR .................... PETITIONER/ACCUSED: -------------------------------------- ANWAR, S/O.ALI, CHEENIKKAPPURATH HOUSE, PATTEPPADAM, VELLANKALLOOR, THRISSUR DISTRICT. BY ADV. SRI.FRANCO T.J. RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION, CHALAKKUDY, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 6429 of 2010 ------------------------------- DATED: 18-10-2010 O R D E R Petitioner who is the accused in Crime No. 753 of 2006 of Chalakkudy Police Station for an offence punishable under Section 3 (1) of the Prevention of Damage of Public Property Act, 1984 seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 250 of 2007 on the file of the J.F.C.M. Chalakkudy, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.116 of 2010. 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 . Dated this the 18th day of October, 2010. V.RAMKUMAR, JUDGE. ani