IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Bail Appl..No. 5042 of 2011() ------------------------ CC.668/2005 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/ACCUSED NO. 2 -------------------- RAJESH, S/O. DARMADAS, MADHAVA VILASOM VEEDU, THACHENAM MURI, KUMMIL VILLAGE, KOTTARAKKARA BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): ------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOLLAM DISTRICT PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5042 of 2011 ------------------------------- DATED: 23-06-2011 O R D E R Petitioner who is the 2nd accused in C.C. No. 668 of 2005 on the file of the J.F.C.M. II, Kottarakkara for offences punishabale under Sections 143, 149, 148, 323, 427, 341 and 149 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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 Bail A. No. 5042 of 2011 -:2:- 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 23rd day of June, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge