IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3569 of 2011() -------------------------------------- LPR.57/2008 of J.M.F.C., KODUNGALLUR CRIME NO.429/2005 OF VALAPPAD POLICE STATION. .................... PETITIONER/2ND ACCUSED ------------------------------------------ BAIJU, AGED 34 YEARS, S/O. PHALGUNAN, KAVUNGAL HOUSE, KOORIKUZHI DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.P.G.PRAMOD SRI.K.A.NOUSHAD RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3569 of 2011 ------------------------------------------------ Dated this the 6th day of May, 2011 ORDER Petitioner, who is accused No.2 in L.P.R.No.57 of 2008 on the file of the Judicial Magistrate of the First Class, Kodungallur, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P.R.No.57 of 2008 on the file of the Judicial Magistrate of the First Class, Kodungallur, 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 6th day of May, 2011. V.RAMKUMAR, JUDGE. skj