IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 8080 of 2010() ------------------------------------------- CP.NO.97/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, N.PARAVUR. ..... (CRIME NO.38/2001 OF BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT) ..... PETITIONER(S): ACCUSED NO.7: -------------------------------------------------- SUNIL, S/O.RAGHAVAN, PATTERIPALLAM VEEDU, ALANGAD VILLAGE, THIRUVALLUR, ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- STATE OF KERALA, REPR. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.8080 of 2010 ------------------------------------------------ Dated this the 03rd day of December, 2010 ORDER The petitioner, who is the accused in Crime No.38 of 2001 of Binanipuram Police Station, for offences punishable under Sections 141, 147, 148 & 307 read with Section 149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.97 of 2003 on the file of the Judicial Magistrate of the First Class, North Paravur, 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 Bail Appln.No.8080/2010 : 2 : petitioner and also after considering the explanation offered by the petitioner for his previous non-appearance, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj