IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Bail Appl..No. 2451 of 2011() ----------------------------- CRIME NO. 298 OF 2005 OF MALA POLICE STATION CP.12/2007 of J.M.F.C. - I, CHALAKUDY .................... PETITIONER: ACCUSED 4 --------------------- BENNY, S/O.LONA, CHERANGADAN HOUSE, THERVARPADAM DESOM, MATTATHOOR VILLAGE, CHALAKKUDY, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, (CRIME NO.298/2005), THRISSUR, PIN-686314. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2451 of 2011 ------------------------------- DATED: 25-03-2011 O R D E R Petitioner who is the accused in Crime No. 298 of 2005 of Mala Police Station for an offence punishable under Sec. 398 read with Sec. 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 12 of 2007 on the file of the J.F.C.M. , Chalakkudy, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. No. 105 of 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 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 25th day of March, 2011. V.RAMKUMAR, JUDGE.