IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Bail Appl..No. 1097 of 2011() ---------------------------------- SC.308/2004 of ADDL. SESSIONS & DISTRICT COURT (ADHOC-II), KOLLAM IN CRIME NO.326/2001 OF OACHIRA POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/3RD ACCUSED -------------------------------- PRAKASH,S/O.GANGAHDARAN, AGED 35 YEARS KOCHAYYATHU VEEDU, THEKKUMMURI MUKKU, THAZHAVA VILLAGE, KARUNAGAPPALLY. BY ADVS. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): -------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.1097 of 2011 * * * * * * * * * * * * * * * * * * Dated: 09.02.2011 ORDER Petitioner, who is the 3rd accused in S.C.No.308/2004 on the file of the Addl. District and Sessions Court (Ad hoc- I), seeks anticipatory bail. 2. 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 Court below and seek regular bail. Accordingly, if the petitioner surrenders before the court below and files an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. This Bail Application is, accordingly, disposed of. Dated this the 9th day of February, 2011 V. RAMKUMAR,(JUDGE) sj