IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Bail Appl..No. 1434 of 2009() ----------------------------- CC.508/1993 of J.M.C. - II, PERAMBRA CRIME NO. 21/1999 OF PERAMBRA POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- K.C.VINOD KUMAR, S/O. KUNHIKANARAN, AGED 38 YEARS, KUNNATHUCHALIL, CHERUVANNUR P.O., MEPPAYOOR (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION. BY P. P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1434 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of March, 2009 O R D E R Petitioner who is the 2nd accused in Crime No.21/1999 of Perambra Police Station for offence punishable under Section 406 read with section 34 IPC, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No. 492/99 on the file of the Judicial Magistrate of the First Class- II, Perambra 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.