IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1805 of 2009() ----------------------------- ST.1794/2008 of J.M.F.C. - I, ETTUMANUR CRI E NO. 465/2008 OF ETTUMANOOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- SANDEEP, S/O.VIJAYAN, BUTTERFLY HOUSE, BEPUR, KOZHIKODE. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ETUMANOOR POLICE STATION, ETUMANOOR, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1805 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of April, 2009 O R D E R Petitioner who is the accused in Crime No.465/2008b of Ettumanoor Police Station for an offence punishable under Section 51(a) of the Kerala Police Act, 1960, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.T. No. 1794/2008 on the file of the Judicial First Class Magistrate Court, Ettumanoor, 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. mn.