IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Bail Appl..No. 1782 of 2011() ------------------------ CC.604/2004 of J.M.F.C.-II, ERNAKULAM Crime No. 576 of 2003 of North Police Station, Ernakulam .................... PETITIONER/ACCUSED ------------------- SUBHARAYYA, S/O.ANNAPPA, GUDKARA BOLLY LANE, MURUDESWARA VILLAGE, MURUDESWARA TALUK, KARKALA, UDUPPI DISTRICT, KARNATAKA STATE. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O., ERNAKULAM NORTH POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Public Prosecutor Sri.M.S. Breez THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1782 of 2011 ------------------------------- DATED: 03-03-2011 O R D E R Petitioner who is the accused in Crime No. 576 of 2003 of North Police Station, Ernakulam, now pending before the J.F.C.M.II, Ernakulam as C.C. No. 604 of 2004 seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M. II, Ernakulam, 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 3rd day of March, 2011. V.RAMKUMAR, JUDGE. ani/