IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 5305 of 2010(C) ------------------------------------------ [LP.NO.48/2004 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KUNNAMANGALAM, CRIME NO.147/2000 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE] .................... PETITIONER/ACCUSED: ---------------------------------- ABDUL RAZAK, S/O. ALAVIKUTTY, AGED 45 YEARS, CHALAKANDY HOUSE, MAITHRA P.O., UOORANGATTIRI AMSOM DESOM, AREEKODE OF EARANADU TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.P.V.KUNHIKRISHNAN, SRI.HANSON.P.MATHEW. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- 1. SUB INSEPCTOR OF POLICE, KUNNAMANGALAM POLICE SATION, KUNNAMANGALAM, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No. 5305 of 2010 ----------------------------------------- Dated this the 8th day of September, 2010 O R D E R Petitioner, who is the sole accused in Crime No.147/2000 of Kunnamangalam Police Station for an offence punishable under Section 420 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.48/2004 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. Petitioner may highlight before the Magistrate the fact that the matter has been settled between the de facto complainant and the petitioner. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. ln