IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Bail Appl..No. 1031 of 2011() ------------------------------------------ (CRIME NO.40/02 OF SHOLAYOOR POLICE STATION, PALAKKAD DISTRICT) ........ PETITIONER/2ND ACCUSED: ------------------------------------------ ASOKAN.K.N,S/O.NARAYANAN,KOCHUPARAMBIL HOUSE,KENICHIRA VILLAGE,SULTHAN BATHERY TALUK, WAYANAD DISTRICT ,PIN 673 596. BY ADV. SRI.RAFEEKH.K RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SHOLAYOOR POLICE STATION,PALAKKAD DISTRICT, PIN 678 581. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1031 of 2011 ----------------------------------------------------- Dated this the 16th day of February, 2011 ORDER The petitioner, who is accused No.2 in C.C.No.422 of 2006 on the file of Judicial Magistrate of the First Class, Mannarkade, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.422 of 2006 on the file of Judicial Magistrate of the First Class, Mannarkade, 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. Bail Appln.No.1031/2011 : 2 : 3. It shall be open to the petitioner to highlight the fact that the co-accused has already been acquitted after trial. With the above observation this application is disposed of. Dated this the 16th day of February, 2011. V.RAMKUMAR, JUDGE. skj