IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 153 of 2011() ---------------------------- LP.208/2004 of J.M.F.C.-III,KOZHIKODE .................... (CRIME NO.109/02 OF PANNIANKARA POLICE STATION,KOZHIKODE DIST.) ..... PETITIONER/APPLICANT: ---------------------------------------- MUHAMMAD BASHEER ALIAS AADU BASHEER, S/O.ABDUL AZEEZ, AGED 47 YEARS, UNDAPADATHU HOUSE, KATTUVETTATHOOR, MELATOOR, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 153 of 2011 ------------------------------- DATED: 7th January, 2011 O R D E R Petitioner who is the accused in Crime No. 109 of 2002 of Panniankara Police Station, Kozhikode District seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M. III, Kozhikode, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 208 of 2004. 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 . Dated this the 7th day of January, 2011. V.RAMKUMAR, JUDGE. ani/