IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Bail Appl..No. 4252 of 2011() -------------------------------- CRIME NO. 642/2008 of NALLALAM POLICE STATION PETITIONER/3RD ACCUSED:- ---------------------------------- MUHAMMED MUSTHAFA THAYYIL, S/O.GAFOOR,CHEMBAKASSERI HOUSE, THENJIPPALAM,MALAPPURAM DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA,(ASSISTANT COMMISSIONER OF POLICE, SOUTH, KOZHIKODE CITY), REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI. M.R. VENUGOPAL, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 4252 of 2011 ------------------------------- Dated this the 9 th day of June, 2011. O R D E R Petitioner who is the 3rd accused in C.P.No. 45 of 2009 on the file of Judicial First Class Magistrate -V, Kozhikode, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No. 45 of 2009 on the file of Judicial First Class Magistrate -V, Kozhikode, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.19 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 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.