IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1663 of 2010() ----------------------------- CC.251/2005 of J.M.F.C., KATTAPPANA .................... PETITIONERS -------------------- AJITH B., AGED 44 YEARS, S/O.BALACHANDRAN NAIR, VINOD BHAVAN @ ASWINAM VEEDU, SWARNAVILASAM KARA, AYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, RESIDING AT C/O.SAPANA RADIOS KUDAGU, GONIKOPA P.O., KARNATAKA STATE, PIN-571213. BY ADV. SRI.C.M.TOMY RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------ Bail Application No.1663 of 2010 - - - ---------------------- DATED: 24.03.2010 O R D E R Petitioner who is the 1st accused in C.C.No.251/2005 on the file of J.F.C.M, Kattappana, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.16/2003 on the file of the J.F.C.M, Kattappana, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.12/2008. 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 . V.RAMKUMAR, JUDGE. sj