IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 1975 of 2009() ----------------------------- CC.556/1999 of J.M.F.C.,VAIKOM .................... PETITIONER/ACCUSED:- --------------------------- DEVASYA @ LIJO DEVASYA, S/O. JOSEPH, ARANJENIYIL HOUSE, MONIPPALLY, KOTTAYAM. BY ADV. MR. SIBY MATHEW MR. PHILIP J.VETTICKATTU RESPONDENT/STATE:- ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM) ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 1975 of 2009 ==================== Dated this the 6th day of April, 2009. O R D E R Petitioner who is the 9th accused in C.C. No. 556 of 1999 on the file of the Judicial First Class Magistrate-I, Vaikom for offences punishable under Sections 420, 465, 468 and 471 r/w Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.556 of 1999, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 81 of 2008. Admittedly, 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 B.A. No. 1975/2009 : 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. With the above observation this application is disposed of. Dated this the 6th day of April, 2009. V.RAMKUMAR, JUDGE. rv