IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Bail Appl..No. 7732 of 2010() ----------------------------- AGAINST THE ORDER IN LP.567/2008 IN CP.28/2004 of J.M.F.C., PARAVOOR, KOLLAM DISTRICT. .................... (CRIME NO.246/2003 OF PARAVOOR POLICE STATION) .... PETITIONER/2ND ACCUSED: ------------------------------------------ BAIJU, S/O.BHASKARA PILLAI, AGED 37 YEARS, BHASKARAVILASOM, POOTHAKKULAM CHERRY, POOTHAKKULAM VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU, SMT.BINDU GEORGE. RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR FO POLICE, PARAVOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7732 of 2010 ------------------------------------------------ Dated this the 02nd day of December, 2010 ORDER The petitioner, who is accused No.2 in Crime No.246 of 2003 of Paravoor Police Station, for offences punishable under Sections 308 & 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.28 of 2004 (L.P.No.567 of 2008) on the file of the Judicial Magistrate of the First Class, Paravoor, 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 Bail Appln.No.7732/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj