IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Bail Appl..No. 4398 of 2011() ------------------------ C.C. No. 128 of 2003 on the file of the Chief Judicial Magistrate, Thalassery (L.P. No. 48 of 2004) .................... PETITIONER/ACCUSED ----------- SOMAN, PANDIKASALA PARAMBIL HOUSE, KURIKOOZHI, KAIPAMANGALAM, THRISSUR DISTRICT BY ADV. SRI.MANU TOM SRI.SHYAM ARAVIND RESPONDENT(S): ------------- 1. C.K. ABDULLAKUTTY, S/O. KAMAL, AGED 58 YEARS, VANIYANTE VALAPPU, KANAYANNOOR, KANNUR DISTRICT - 670 001 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4398 of 2011 ------------------------------- DATED: 03-06-2011 O R D E R Petitioner who is the accused in C.C. No. 128 of 2003 on the file of the Chief Judicial Magistrate, Thalassery, for offences punishable under Sections 420 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, the case against the petitioner was transferred to the Long Pending Case Register as L.P. No. 48 of 2004. 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 Chief Judicial Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the above Court 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 . V.RAMKUMAR, JUDGE. ani/