IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Bail Appl..No. 1641 of 2009() ----------------------------- CRIME NO. 179 OF 2007 OF CANTONMENT POLICE STATION PETITIONER/ 2ND ACCUSED: ----------------------- UNNI, S/O.APPUKUTTAN NAIR, TC 27/1919, NEAR MATHRUBHOOMI, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.SANDEEP T.GEORGE RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1641 of 2009 ------------------------------- DATED: 1-4-2009 O R D E R Petitioner who is the 2nd accused in Crime No.179 of 2007 of Cantonment Police Station, Thiruvananthapuram Police Station for offences punishable under Secs.341, 323, 324 and 308 read with Sec. 34 I.P.C. and whose case is now pending as C.P. No. 65 of 2008 before the J.F.C. M-III, Thiruvananathpuram, seeks anticipatory bail. 2. 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 . Dated this the Ist day of April, 2009. V.RAMKUMAR, JUDGE. ani