IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6650 of 2010() ----------------------------------------- AGAINST THE ORDER IN CP 123/2005 IN LPC.102/2006 of J.M.F.C.-II,HOSDRUG CRIME NO.11/2002 OF VELLARIKUNDU POLCIE STATION, KASARAGOD. .................... PETITIONER/7TH ACCUSED: ------------------------------------------- ANILKUMAR, S/O.GANGADHARAN, AGED 35 YEARS, RESIDING AT PAYYADAKATH HOUSE, VARAKKAD, WEST ELERI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE : --------------------------------------- THE STATION HOUSE OFFICER, VELLARIKUNDU POLIC STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No.6650 of 2010 ------------------------------- DATED: 15.10.2010 O R D E R Petitioner who is the 7th accused in Crime No.11/2002 of Vellarikundu Police Station, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 123/2005 on the file of the J.F.C.M-II, Hosdurg, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.102/2006. 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 . V.RAMKUMAR, JUDGE. sj