IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6063 of 2010() ----------------------------- SC.177/2009 of ADDL.DISTRICT COURT (ADHOC)-II, MANJERI CP.7/2009 of J.M.F.C.-II,PERINTHALMANNA,MALAPPURAM DISTRICT (LP 45/2010) .................... (CRIME NO.136/2008 OF PANDIKKAD POLICE STATION) PETITIONER/IST ACCUSED: ------------------------------------------ HAMEED, AGED 34 YEARS, S/O.HYDERALI, CHAKKIPPARAMBAN HOUSE, NELLIKKUTHU.P.O., PAYYANAD VILLAGE, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANDIKKAD, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6063 of 2010 ------------------------------------------------ Dated this the 5th day of October, 2010 ORDER The petitioner, who is accused No.1 in Cr.No.136 of 2008 of Pandikkad Police Station for offences punishable under Sections 366, 341 & 354 read with Section 34 I.P.C, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.7 of 2009 on the file of the Judicial Magistrate of the First Class-II, Perinthalmanna the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.45/2010. 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 Bail Appln.No.6063/2010 : 2 : 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 skj