IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Bail Appl..No. 7416 of 2010 -------------------------------------- [CRIME NO.291/97 OF CENTRAL POLICE STATION, ERNAKULAM, ERNAKULAM DISTRICT] ............... PETITIONER/ACCUSED: ---------------------------------- C.P. KOYA, S/O. PAREEKUTTY, AGED 54 YEARS, CHERUVALAPPIL HOUSE, MUDICAL.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.M.A.SHIHAB. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7416 of 2010 ------------------------------------------------ Dated this the 12th day of November, 2010 ORDER The petitioner, who is accused No.2 in Crime No.291 of 1997 of Central Police Station, Ernakulam, for offences punishable under Sections 323, 324 & 341 read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.1251 of 2004 on the file of the Judicial Magistrate of the First Class-II, Ernakulam, 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 Bail Appln.No.7416/2010 : 2 : 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