IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 7865 of 2010() ---------------------------------- (C.C. NO.43/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – II, ERNAKULAM DISTRICT) ........... PETITIONER/ACCUSED --------------------------- JITHIN RAMESH, S/O. RAMESH, AGED 30 YEARS, ANJANA APARTMENTS, GOKULAM, 3A, SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (C C NO. 43/2004 PENIDNG ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-II, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------- Bail Application No. 7865 of 2010 ------------------------------- DATED: 6th December, 2010 O R D E R Petitioner who is the accused in C.C. No. 43 of 2004 on the file of J.F.C.M. II, Ernakulam, for an offence punishable under Section 304 A I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 43 of 2004, 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 Bail A.No. 7865 of 2010 -:2:- 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 6th day of December, 2010. V.RAMKUMAR, JUDGE.