IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 673 of 2010() ---------------------------- [ CRIME NO. 289/2006 OF THRITHALA POLICE STATION, PALAKKAD DIST] PETITIONER/ACCUSED --------------------------------- SHARAFUDEEN, S/O.ALI MUHAMMED, AGED 29 YEARS, MATHATHUKULANGARA, ALLOOR, PALAKKAD. BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENT/ COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, ALATHOOR POLICE STATION, PALAKKAD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. P.A. SALIM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK V. RAMKUMAR, J. ====================== Bail Application No. 673 of 2010 ======================= Dated this the 25th day of March, 2010. O R D E R Petitioner who is the accused in Crime No.289 of 2006 of Thrithala Police Station, Palakkad for offences punishable under Sections 498(A) and 313 r/w section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P. No.34 of 2009 on the file of the Judicial First Class Magistrate, Pattambi 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . Dated this the 25th day of March, 2010. V.RAMKUMAR, JUDGE. rv