IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl..No. 1499 of 2009() ----------------------------- CC.2/2004 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO. 46/2003 OF KOTTAPPADY POLICE STATION .................... PETITIONER/ACCUSED:- ------------------------------ ABDUL REHIMAN @ ANTHRU, S/O. SAITHU MUHAMMED, THOTTATHIKUDY HOUSE, CHERANGANAL, KOTTAPPADY KARA, KOTTAPPADY VILLAGE. BY ADV. MR. V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTAPPADY POLICE STATION. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No.1499 of 2009 ==================== Dated this the 26th day of March, 2009. O R D E R Petitioner who is the accused in Crime No.46 of 2003 of Kottappady Police Station for an offence punishable under Section 498(A) I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.2 of 2004 on the file of the J.F.C.M, Kothamangalam, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.134 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 B.A. No. 1499/2009 : 2 : 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 26th day of March, 2009. V.RAMKUMAR, JUDGE. rv