IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Bail Appl..No. 4226 of 2011 -------------------------------------- [CRIME NO.204/2000 OF KOZHIKODE TOWN POLICE STATION] ................ PETITIONER/ACCUSED: ---------------------------------- K.M.ASLAM, S/O.ABOOBACKER, AGED 48 YEARS, ASLAM MANZIL, OPP.DESHAPOSHINI COMMUNITY HALL, MYLAMBADI, KUTHIRAVATTOM P.O., KOZHIKODE-673 016. BY ADVS. SRI.T.G.RAJENDRAN, SRI. T.R. TARIN. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOZHIKODE TOWN POLICE STATION – 673 001. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ----------------------------- Bail Appln.No.4226 of 2011 ----------------------------- Dated this the 31st day of May, 2011 ORDER Petitioner, who is the sole accused in L.P.C.No.129 of 2005 on the file of the Judicial Magistrate of the First Class-I, Kozhikode, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.276 of 2004 on the file of the Judicial Magistrate of the First Class-I, Kozhikode, the case against the petitioner has been transferred to the Long Pending Case Register as L.P.C. No.129 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 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 31st day of May, 2011. V.RAMKUMAR, JUDGE. skj