IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Bail Appl..No. 3074 of 2010() ----------------------------- CRIME NO.33/2006 OF KODUVALLI POLICE STATION PETITIONER/6TH ACCUSED: ------------------------------------------- JIMSHIL, S/O.ABDUL JABBAR, JAS VILLA, SOUTH PUNNAYUR, VADAKKEKAD, THRISSUR DISTRICT. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SI OF POLICE, KODUVALLI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.3074 of 2010 ------------------------------- DATED: 01.06.2010 O R D E R Petitioner who is the 6th accused in Crime No.33/2006 of Koduvalli Police Station for offences punishable under Sections 450 and 375 IPC seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M-I, Thamarassery, the case against the petitioner has been re-filed as C.P. No.11/2010. 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, 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