IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Bail Appl..No. 1894 of 2009() ----------------------------- LPC.145/2007 of C.J.M.,KASARAGOD CRIME NO. 698/2005 OF KASARAGOD POLICE STATION PETITIONER (S): ACCUSED:- -------------------- ABDUL RAHIM, S/O.MOIDEEN, PARAVETHAKKAL VEEDU, PERUMBALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT:- --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY P.P. SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2-4-2009 , THE COURT ON 02/04/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1894 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of April, 2009 O R D E R Petitioner who is the accused in Crime No.698/2005 of the Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 read with section 149 IPC, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the trial court, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.145/2007 on the file of the Chief Judicial Magistrate Court, Kasaragod. 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 BA 1894/09 2 explanation offered by the petitioner for his previous non- appearance. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.