IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Bail Appl..No. 7784 of 2010() ---------------------------------- CC.449/2010 of J.M.F.C. - I, ETTUMANUR CRIME NEO. 843/2010 OF GANDHI NAGAR POLICE STATION, KOTTAYAM DISTRICT .................... PETITIONER/ACCUSED ---------------------------- SHINU JOSEPH,AGED 25 YEARS,S/O.JOSEPH, PATHIYIL HOUSE,PALOORKAVU.P.O,THEKKEMALA, PERUVANTHANAM VILLAGE,IDUKKI DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REP;BY S.I.OF POLICE, GANDHI KANJAR POLICE STATION,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7784 of 2010 ------------------------------------------------ Dated this the 25th day of November, 2010 ORDER The petitioner, who is the accused in C.C.No.449 of 2010 on the file of the Judicial Magistrate of the First Class, Ettumanoor, for offences punishable under Sections 511 of 379 and 457 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.449 of 2010 on the file of the Judicial Magistrate of the First Class, Ettumanoor, 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 Bail Appln.No.7784/2010 : 2 : on the same day on which it 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj