IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Bail Appl..No. 4589 of 2011() ---------------------- CRIME NO. 214/05 OF SOUTH POLICE STATION, ERNAKULAM .................... PETITIONER/2ND ACCUSED ----------------------- LINTO, AGED 28 YEARS, S/O. ANTONY, THEKKUM VIJAGAM VEED, VALIYAVELI P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4589 of 2011 ------------------------------- DATED: 10 th June, 2011 O R D E R Petitioner who is the sole accused in C.C. No 2230 of 2005 on the file of the Addl. Chief Judicial Magistrate, Ernakulam, for an offence punishable under Sec. 379 read with Sec. 34 I.P.C. for an offence punishable under Sec. 420 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above C.C. case, 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 10th day of June, 2011. V.RAMKUMAR, JUDGE. ani/