IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Bail Appl..No. 3114 of 2011() ----------------------------- CRIME NO. 75 OF 2008 OF KURATHIYAD POLICE STATION .................... PETITIONER/2ND ACCUSED -------------------- SHAFEEK, CHANGARAPPALLIL, THEKKEGUZHI, BHARANIKAVU, NOW RESIDING AT POLABHAGATH KRISHNAPURAM BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): ------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY S.I. OF POLICE, KURATHIKADU PUBLIC PROSECUTOR SRI. SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.3114 of 2011 ------------------------------- DATED: 12-04-2011 O R D E R Petitioner who is the 2nd accused in Crime No. 75 of 2008 of Kurathiyad Police Station for offences punishable under Sections 323, 308 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 16 of 2009 on the file of the J.F.C.M., Mavelikkara the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 82 of 2010. 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.