IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 1756 of 2009() ----------------------------- CC.763/2005 of J.M.F.C.-II,THRISSUR CRIME NO. 496/2005 OF ANTHIKAD POLICE STATION PETITIONER/ACCUSED ------------------------------------- AJAYAN, S/O.THOTTUPURAVEETTIL CHATHUKUTTY,VADAKKUMMURY VILLAGE,P.O. PERINGOTTUKARA, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB- INSPECTOR OF POLICE,ANTHIKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1756 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of April, 2009 O R D E R Petitioner who is the accused in Crime No.496/2005 of Anthikad Police Station for offences punishable under Sections read with Sections 452, 506(ii) and 380 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.763/2005 before the Judicial First Class Magistrate Court-II, Thrissur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.103/2008. 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 BA 1756/09 -2- 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. mn.