IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1393 of 2011() ------------------------ LPC.171/2008 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED ------------------- MOHAMMED MUSTHAK, AGED 31YEARS, S/O. SYED YUNUS HAJI, SYED MANZIL, MANIMURDA, UPPALA, KASARAGOD BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): ------------ STATE OF KERALA REPRESENTED BY THE INSPECTOR OF POLICE, MANJASHWAR POLICE STATION , REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.1393 of 2011 ------------------------------- DATED: 18-02-2011 O R D E R Petitioner who is the accused in Crime No. 273 of 2003 of Manjeswar Police Station for offences punishable under Sections 143, 147, 153 A read with Sec. 149 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 171 of 2008 on the file of the J.F.C.M. Court, Kasaragod. 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 18th day of February, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge