IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Bail Appl..No. 6503 of 2010() ----------------------------- CRIME NO.201/1998 OF VALIYATHURA POLICE STATION LPR.51/2002 of JMFC-V, TVM (SPL.COURT-MARKLIST CASES) .................... PETITIONER/1ST ACCUSED ------------------------------------------ ANTONY, AGED 39 YEARS, S/O. GEORGE, CHIRAYATH HOUSE, THURUTHIPURAM.P.O., KODUNGALLUR (VIA), PUTHENVELIKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): COMPLAINANT --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, VALIYATHURA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.6503 of 2010 ------------------------------- DATED: 19.10.2010 O R D E R Petitioner, who is the 1st accused in Crime No.201/1998 of Valiyathura Police Station, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M (Mark List) Court No.5, Thiruvananthapuram, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.51/2002. 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