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. 6059 of 2010() ---------------------------------------- CRIME NO.102/2006 OF VALLIKUNNAM POLICE STATION. C.C.670/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM TURNED AS L.P.NO.71/2007. ..................... PETITIONER/ACCUSED ---------------------------------- PRASAD, AGED 41 YEARS, PAVOORTHARAYIL VEEDU, KANNAKUZHI MURIYIL, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.VINCENT JOSEPH, SRI.ARUNKUMAR M.R. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ------------------------------- Bail Application No.6059 of 2010 ------------------------------- DATED: 5.10.2010 O R D E R Petitioner, who is the 1st accused in C.C.No.670/2006 on the file of J.F.C.M, Kayamkulam, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.71/2007. 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