IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 6277 of 2009() ----------------------------------- SC.274/2008 of ADDL. DISTRICT COURT (ADHOC), KOLLAM CRIME NO. 133/2005 OF KUNDARA POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------------------------ SUNIL,S/O.SURENDRAN, SUNIL NIVAS,KUREEPPALLY, KOTTARAKKARA VILLAGE,KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUNDARA POLICE STAION. PUBLIC PROSECUTOR MR. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No.6277 of 2009 ======================= Dated this the 25th day of March, 2010. O R D E R Petitioner who is the 2nd accused in Crime No.133 of 2005 of Kundara Police Station for offences punishable under Sections 143, 147, 148, 452, 308, 324 and 323 r/w Section 149 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.C. No. 274 of 2008 on the file of the Additional Sessions Court (Adhoc)-I, Kollam 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 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 . Dated this the 25th day of March, 2010. V.RAMKUMAR, JUDGE. rv