IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Bail Appl..No. 7349 of 2010() ----------------------------- CRIME NO.308/2002 OF VALAPPAD POLICE STATION ST.1118/2007 of J.M.F.C., KODUNGALLUR .................... PETITIONER/ACCUSED -------------------------------------- AKBAR, S/O.ADAMU, KALLIPARAMBIL, PUTHIYANGADI, TALIKULAM, CHAVAKKAD. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, VALAPPAD POLICE STATION. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.7349 of 2010 ------------------------------- DATED: 11.11.2010 O R D E R Petitioner, who is the 1st accused in S.T.No.308/2002 of Valappad Police Station, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.T. No.1118/2007 on the file of the J.F.C.M, Kodungallur, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.232/2008. 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