IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1927 of 2009() ----------------------------- CP.43/2009 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/ACCUSED-A1:- -------------------------------- VIJIKUMAR, AGED 25 YEARS, S/O. VIJAYAN PILLAI, GOPAL NIVAS, MUTTARA MURI, ODANAVATTOM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. MR. K.V.ANIL KUMAR RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 1927 of 2009 ==================== Dated this the 3rd day of April, 2009. O R D E R Petitioner who is the 1st accused in Crime No.473 of 2007 of Pooyappally Police Station for offences punishable under Secs. 308 and 323 r/w Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 43 of 2009 on the file of the J.F.C.M-II, Kottarakkara, 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 3rd day of April, 2009. V.RAMKUMAR, JUDGE. B.A. No. 1927/2009 : 2 : rv