IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Bail Appl..No. 6953 of 2010() ----------------------------------------- CRIME NO.585/2005 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM. ..................... PETITIONER/ACCUSED ---------------------------------- G. SURESH, THUNDUVILA PUTHEN VEEDU, KALLAMBALAM.P.O. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS/COMPLAINANT/STATE: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, TRIVANDRUM DISTRICT, TRIVANDRUM.PO, PIN-695 001. R1 & R2 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ------------------------------- Bail Application No. 6953 of 2010 ------------------------------- DATED: 8th November, 2010 O R D E R Petitioner who is the first accused in Crime No. 585 of 2005 of Kallambalam Police Station for offences punishable under Sections 294 (b), 323, 341, 447 and 506 (ii) I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner the case against the petitioner is transferred to the Long Pending Case Register as L.P. No. 142 of 2008 on the file of the J.F.C.M. Varkala. 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 8th day of November, 2010. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge