IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Bail Appl..No. 2385 of 2011() ------------------------ CC.225/2009 of J.M.F.C., KODUNGALLUR .................... PETITIONER/ACCUSED NO.4 -------------------- ASHRAF P.S., S/O. SUBAIR, PUTHIYAPARAMBATH HOUSE, VALAPAD BEACH P.O. ANCHANGADI, THRISSUR DISTRICT BY ADV. SRI.A.C.DEVY RESPONDENT(S): ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2385 of 2011 ------------------------------- DATED: 23-03-2011 O R D E R Petitioner who is the 4th accused in C.C. No. 225 of 2009 on the file of the J.F.C.M., Kodungallur for an offence punishable under Section 435 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 225 of 2009 on the file of the J.F.C.M., Kodungallur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.394 of 2007. 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 23rd day of March, 2011. V.RAMKUMAR, JUDGE.