IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Bail Appl..No. 854 of 2011() ----------------------------------------- LPC NO.3/2011 OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM ...... (CRIME NO.353/2003 OF CBCID SIG - I, THIRUVANANTHAPURAM) ............ PETITIONER/ACCUSED: -------------------------------------- JUNAIDH,AGED 30 YEARS, S/O.SULAIMAN,VADAKKEPPURAM VEEDU,PADANNA VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT. BY ADVS. SRI.K.P.HARISH, SMT. SHAZIYA SULTHANA.M. RESPONDENT(S): STATE: --------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, CBCID SIG - I, THIRUVANANTHAPURAM (LPC NO.3 OF 2011 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM(CRIME NO.353 OF 2003 OF CBCID SIG-1,THIRUVANANTHAPURAM) THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.854 of 2011 ----------------------------------------------------- Dated this the 1st day of February, 2011 ORDER The petitioner, who is accused No.1 in Crime No.353 of 2003 of CBCID SIG-1, Thiruvananthapuram, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.265 of 2009 on the file of the Chief Judicial Magistrate, Thiruvananthapuram the case against the petitioner has been transferred to the Long Pending Case Register as L.P.C.No.3 of 2011. 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 Bail Appln.No.854/2011 : 2 : 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. skj