IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Bail Appl..No. 998 of 2011(D) ---------------------------------------- [CP.NO.61/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS- I, KARUNAGAPPALLY, KOLLAM DISTRICT, CRIME NO.129/05 OF CHAVARA POLICE STATION] .................... PETITIONER/ACCUSED NO.3: ------------------------------------------ ABDUL KALAM, S/O.MUHAMMEDKUNHU, KAKKONTAYYATH HOUSE, VAZHAYIL BHAGOM, PANMANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.SUNNY MATHEW. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.998 of 2011 ------------------------------- DATED: 14.02.2011 O R D E R Petitioner, who is the 3rd accused in C.P.No.61/2005 on the file of J.F.C.M-I, Karunagappally, seeks anticipatory bail. 2. 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 14th day of February, 2011. V.RAMKUMAR, JUDGE. sj