IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Bail Appl..No. 5641 of 2010() ----------------------------------------- CRIME NO.356/2005 OF MATHILAKAM POLICE STATION. LPR NO.10/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR ................ PETITIONER/IST ACCUSED ---------------------------------------- SHANU, S/O.BEERAN, THINDICKAL HOUSE, (SHAKEELA KADAPURATH), KOORIKUZHI.P.O., KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.K.A.NOUSHAD, SRI.P.G.PRAMOD, SRI.KANDAMPULLY RAHUL. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5641 of 2010 ------------------------------------------------ Dated this the 20th day of September, 2010 ORDER The petitioner, who is the first accused in Crime No.356/2005 of Mathilakam Police Station for offences punishable under Sections 143, 147, 148, 452, 323, 324, 326, 149 I.P.C. & 27 of Arms Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the Judicial Magistrate of the First Class, Kodungallur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P.R.No.10/2009. 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 Bail Appln.No.5641/2010 : 2 : 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 skj