IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Bail Appl..No. 1430 of 2011() ---------------------------------- (CRIME NO.222/2002 OF KASARAGOD POLICE STATION, L.P.C. NO.101/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD, KASARAGOD DISTRICT) ...... PETITIONER/ACCUSED ---------------------------- 1. NAVAS, S/O.ABDULKADER, KHAZILANI, THELANGARA, KASARAGOD. 2. RINAS, S/O. ABDULKADER, KHAZILANI, THELANGARA, KASARAGOD. BY ADVS. SRI.T.B.SHAJIMON SRI.GOVINDU P. RENUKADEVI RESPONDENT(S):COMPLAINANT ------------------------------------- STATE OF KERALA RE. BY INSPECTOR OF POLICE KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------- Bail Application No.1430 of 2011 ------------------------------- DATED: 21-02-2011 O R D E R Petitioners who are the accused in Crime No. 222 of 2002 of Kasaragod Police Station for offences punishable under Sections 232, 323 and 326 read with Sec. 34 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M, Kasaragod, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 101 of 2006. 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 21st day of February, 2011. Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge