IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Bail Appl..No. 7334 of 2010() ------------------------------------------ CRIME NO. 342/2005 OF KOIPPURAM POLICE STATION . C.C. NO. 19/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, -II, PATHANAMTHITTA. ........... PETITIONER (S): ACCUSED NO.3. ------------------------------------------------ BIJUKUMAR, S/O. KESAVAN, AGED 32 YEARS, VELLAPLAVUNILKKUNNATHIL HOUSE, CHANDANAKUNNU COLONY, POTTUKULAM, KOIPPURAM VILLAGE, THATTAKKADU MURI, PATHANAMTHITTA DISTRICT, PRESENTLY CHIRAYIL (H), KUMBANAD, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 342 OF 2005 OF KOIPPURAM POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7334 of 2010 ------------------------------------------------ Dated this the 10th day of November, 2010 ORDER The petitioner, who is accused No.3 in Crime No.342 of 2005 of Koippuram Police Station, for offences punishable under Sections 448, 324 & 427 read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.19 of 2008 on the file of the Judicial Magistrate of the First Class-II, Pathanamthitta, the case against the petitioner has been transferred to the Long Pending Case Register as L.P.No.60 of 2008. 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 Bail Appln.No.7334/2010 : 2 : 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 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