IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2528 of 2011() ----------------------------- LP.29/1998 of J.M.F.C., CHALAKUDY CRIME NO. 245/1994 of CHALAKUDY POLICE STATION .................... PETITIONER/ACCUSED:- ----------------------------- E.P.DEVASSY, S/O.PETER, EDANILATH HOUSE, WEST ARAKULAM, KODUNGALLOOR.P.O. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 2528 of 2011 ------------------------------- Dated this the 5 th day of April, 2011. O R D E R Petitioner who is the sole accused in S.T.No. 3212 of 1994 on the file of Judicial First Class Magistrate, Chalakudy, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.T.No. 3212 of 1994 on the file of Judicial First Class Magistrate, Chalakudy the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 29 of 1998. 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.