IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Bail Appl..No. 7426 of 2010() --------------------------------------- CRIME NO.308/2010 OF BEKAL POLICE STATION, KASARAGOD DISTRICT. ........ PETITIONER/ACCUSED -------------------------------------- P.KUNHIKRISHNAN, AGED 47 YEARS, S/O.GOPALAN NAIR, RESIDING AT VADAKKEKARA HOUSE, PERIYA, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------- THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No.7426 of 2010 ------------------------------- Dated this the 23rd day of November, 2010. O R D E R Petitioner who is the 5th accused in S.C. No.394 of 2007 on the file of Assistant Sessions Court, Hosdurg, seeks anticipatory bail. 2. 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. The petitioner can also highlight the fact that the co accused in the case have acquitted after trial. With the above observation this application is disposed of . Dated this the 23rd day of November, 2010. V.RAMKUMAR, JUDGE. rv