IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Bail Appl..No. 8454 of 2010() ---------------------------------- (L.P.NO.206/2008 (C.P.NO.38/2008) OF JUDICIAL FIRST CLASS MAGISTRATE COURT – III, PUNALUR CRIME NO.398/2005 OF KUNNIKODE POLICE STATION, KOLLAM DISTRICT) ........... PETITIONER/3RD ACCUSED --------------------------------- SAJEEV, S/O. SADANANDAN, SAJI BHAVAN, CHAKKUVARACKAL, KOKKAD P.O., KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S)/COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KUNNIKODE POLICE STATION, (CRIME NO. 398/2005) KUNNIKODE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8454 of 2010 ----------------------------------------------------- Dated this the 17th day of December, 2010 ORDER Petitioner, who is accused No.3 in Crime No.398 of 2005 of Kunnikode Police Station, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P.No.206 of 2008 (C.P.No.38 of 2008) on the file of the Judicial Magistrate of the First Class-III, Punalur, 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 . V.RAMKUMAR, JUDGE. skj