IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Bail Appl..No. 997 of 2011(D) ---------------------------------------- [L.P.C.NO.20/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASAGARODE, CRIME NO.156/2008 OF MANJESHWAR POLICE STATION, KASARGODE DISTRICT] .................... PETITIONER/2ND ACCUSED: ------------------------------------------ LATHEEF, AGED 25 YEARS, S/O.MOHAMMED, KODANJE, P.O. UPPALA, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.997 of 2011 ------------------------------- DATED: 14.02.2011 O R D E R Petitioner, who is the 2nd accused in L.P.No.20/2010 on the file of J.F.C.M, Kasaragod, 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 will be entitled to highlight before the Magistrate the fact that the co-accused in the case have already been acquitted after trial. With the above observation this application is disposed of . Dated this the 14th day of February, 2011. V.RAMKUMAR, JUDGE. sj