IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Bail Appl..No. 1825 of 2009() ----------------------------- CP.170/2006 of J.M.F.C, CHALAKUDY CRIME NO. 70/2005 of KORATTY POLICE STATION .................... PETITIONER/ACCUSED:- ----------------------------- SREEYESH,S/O.VIJAYAN,AGED 26 PERINGATHRA HOUSE, POOLANY DESOM, CHALAKUDY-VIA MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR. M.H.HANIL KUMAR RESPONDENTS/ COMPLAINANT/STATE:- -------------------------------------------- 1. SUB INSPECTOR OF POLICE,KORATTY POLICE STATION, THRISSUR DIST. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN-682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 1825 of 2009 ==================== Dated this the 1st day of April, 2009. O R D E R Petitioner who is the 3rd accused in Crime No.70 of 2005 of Koratty Police Station for an offence punishable under Sec.307 r/w Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P No.170 of 2006 on the file of the J.F.C.M., Chalakudy, the case against the petitioner has been transferred to the Long Pending Case Register as LPR No. 183 of 2006. 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 pendency of non-bailable warrants of arrest B.A. No. 1825/2009 : 2 : 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 1st day of April, 2009. V.RAMKUMAR, JUDGE. rv