IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Bail Appl..No. 5732 of 2010() -------------------------------------------- C.P.NO.58/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY. ..... (CRIME NO.78/2009 OF KARUNAGAPPALLY POLICE STATION,KOLLAM DIST.) PETITIONER/ACCUSED A-2: ------------------------------------------ SREEKUMAR @ KOCHUKUTTAN, S/O.KUTTAN PILLAI, VALLATTOOR VADAKKATHIL, THODIYOOR NORTH MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.5732 of 2010 ------------------------------- DATED: 16.09.2010 O R D E R Petitioner, who is the 2nd accused in Crime No.78/2009 of Karunagappally Police Station for offences punishable under Secs.143,147,148,452,324 and 307 read with Section 149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in before the J.F.C.M, Karunagappally, the case against the petitioner has been re-filed as C.P. No.58/2010. Admittedly, 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. sj