IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Bail Appl..No. 8268 of 2010() ---------------------------------------- ( CRIME NO. 15/2009 OF VALAPAD POLICE STATION LPR NO. 198/2010 OF JFCM KODUNGALLUR) ------------------- PETITIONER/ 2ND ACCUSED ------------------------------------------ RAHULAN, AGED 43 YEARS, S/O. KOCHADIMA, ELAMKOOTT HOUSE, MOOTHAKUNNAM BEACH, NATTIKA VILLAGE, NATTIKA, THRISSUR DISTRICT. BY ADVS. SRI.BABU KARUKAPADATH SMT. VAHEEDA BABU SRI. K.A.NOUSHAD SRI. P.G. PRAMOD RESPONDENT(S): ------------------------- STATE OF KERALA REPRESENTED BY SUB-INSPECTOR OF POLICE, VALAPAD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No. 8268 of 2010 ------------------------------- DATED: 10-12-2010 O R D E R Petitioner who is the 2nd accused in Crime No. 15 of 2009 of Valappad Police Station for an offence punishabale under Sec. 420 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M. Kodungallur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 198 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 Bail A.No.8268 of 2010 -:2:- 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 10th day of December, 2010. V.RAMKUMAR, JUDGE. ani/