IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl..No. 1490 of 2009() ----------------------------- CRIME NO. 173/2006 of MUSEUM POLICE STATION, TRIVANDRUM APPLICANT/ACCUSED NO.1:- --------------------------------- ANIL KUMAR K.P., AGED 40 YEARS, S/O.LATE DAMODARAN PILLAI, JAGATH NIVAS, VRA A 33, VELLAYAMBALAM, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. MR. PRASUN.S RESPONDENT/ COMPLAINANT- STATE:- ------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.I. OF POLICE, MUSEUM POLICE STATION TRIVANDRUM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 1490 of 2009 ==================== Dated this the 26th day of March, 2009. O R D E R Petitioner who is the first accused in Crime No.173 of 2006 of Museum Police Station, Trivandrum for offences punishable under Sections 143, 147, 148, 149, 283, 308, 323, 324 and 332 I.P.C and 38 r/w Section 52 of the Kerala Police Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P No. 12 of 2007 on the file of the Chief Judicial Magistrate, Trivandrum, 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 26th day of March, 2009. V.RAMKUMAR, JUDGE. B.A. No. 1490/2009 : 2 : rv