IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Bail Appl.No. 3561 of 2011() ------------------------ Crime No. 257 of 2007 of Kottiyam Police Station .................... PETITIONER/4TH ACCUSED --------------------- BISMINSHA, S/O SHARAFUDDIN, GREEN GARDEN, THAZHATHUCHERY, KOOTTIKAD P.O., TATTAMALA, KOLLAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.3561 of 2011 ------------------------------- DATED: 23-05-2011 O R D E R Petitioner who is the accused in Crime No. 257 of 2007 of Kottiyam Police Station for an offence punishable under Sections 341, 324 and 308 read with Sec. 34 I.P.C. and Sec. 27 of the Arms Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 93 of 2010 on the file of the J.F.C.M. II, Kollam, 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 . V.RAMKUMAR, JUDGE.