IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Bail Appl..No. 4235 of 2011 -------------------------------------- [C.P. NO. 67/2000 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPILLY, KOLLAM DISTRICT, CRIME NUMBER 42/1992 OF OCHIRA POLICE STATION] ................ PETITIONER: ------------------- BASHEER.Y., S/O. YOUSUFF KUNJU, AGED 47 YEARS, RESIDING AT PUTHANAYYATH HOUSE, VALIAKULANGARA, OCHIRA.P.O., KOLLAM DISTRICT. BY ADV. SRI.SHERRY J. THOMAS. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, OCHIRA POLICE STATION, KOLLAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ----------------------------- Bail Appln.No.4235 of 2011 ------------------------------ Dated this the 31st day of May, 2011 ORDER Petitioner, who is the accused in C.P.No.67 of 2000 on the file of the Judicial Magistrate of the First Class, Karunagappilly, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.67 of 2000 on the file of the Judicial Magistrate of the First Class, Karunagappilly, 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. Petitioner B.A.No.4235/2011 2 may also highlight the fact that some of the co-accused in the case have already been acquitted after trial and that the cases against many of the other co-accused have been quashed by this Court. With the above observation this application is disposed of. Dated this the 31st day of May, 2011. V.RAMKUMAR, JUDGE. skj