IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Bail Appl..No. 805 of 2011() ----------------------------------------- LP.NO.67/05 IN CC NO.392/01 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ERNAKULAM. ................. (CRIME NO.266/92 OF ERNAKULAM TOWN POLICE STATION) ..... PETITIONER/ACCUSED: --------------------------------------- BENNY, S/O.PALISA JOHN, PUTHENPURAKKAL HOUSE, KUTTIKATTUKARA P.O., ELOOR. BY ADV. SRI.P.T.JOSE RESPONDENT(S): COMPLAINANT: ------------------------------------------------------ STATE OF KERALA THROUGH THE C.I.OF POLICE, E.T.NORTH POLICE STATION REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.805 of 2011 ----------------------------------------------- Dated this the 1st day of February, 2011 The petitioner, who is accused No.1 in Crime No.266 of 1992 of Ernakulam Town Police Station, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.392 of 2001 on the file of the Judicial Magistrate of the First Class-I, Ernakulam, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.67 of 2005. 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 Bail Appln.No.805/2011 : 2 : 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. V.RAMKUMAR, JUDGE. skj