IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 1234 of 2009() ----------------------------- CC.846/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY PETITIONER (S): ACCUSED:- -------------------- THULASIDHARAN K., S/O.RAMACHANDRAN, KARIPPALLY HOUSE, THALASSERY P.O., DESAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI.SAIJO HASSAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1234 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of March, 2009 O R D E R Petitioner who is the accused in C.C. No.846/2007 on the file of the Judicial First Class Magistrate Court, Chalakkudy for offences punishable under sections 381, 408 and 409 IPC seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the court 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.