IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Bail Appl..No. 5352 of 2011() ------------------------ CP.67/2000 of J.M.F.C. - I, KARUNAGAPPALLY .................... PETITIONER/88TH ACCUSED ------------------------ ABDUL RAHIM, AGED 44, S/O. MOHAMMED KUNJU, THARAYIL HOUSE, VATTAPARAMBU, THAZHAVA P.O. KARUNAGAPPALLY, KOLLAM BY ADV. SRI.A.MOHAMMED SRI.K.I.SAGEER RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, OCHIRA POLICE STATION, OCHIRA (CRIME NO. 42 OF 1992) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5352 of 2011 ------------------------------- DATED: 01-07-2011 O R D E R Petitioner who is the 88th accused in Crime No. 42 of 1992 of Ochira Police Station, Ochira, Kollam District for offences punishable under Sections 143, 147, 148, 324, 332, 333, 307 and 120 B read with Sec. 34 I.P.C. and Sec. 3 (2) of P.D.P.P. Act, 1984, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 67 of 2000 on the file of the J.F.C.M. Karunagappally, 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 Bail A.No.5352 of 2011 -:2:- regular bail. Accordingly, if the petitioner surrenders before t e Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disp sed of preferably on the same day on which it is filed notwithsta ding the pendency of non-bailable warrants of arrest against the etitioner 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 1st day of July, 2011. V.RAMKUMAR, JUDGE. ani/