IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Bail Appl..No. 2438 of 2011() ----------------------------- CRIME NO.647/2009 OF VALAPPAD POLICE STATION PETITIONER: ACCUSED NO.4 -------------------------------- JINEESH, AGED 27 YEARS, S/O. UNISHAN, KADATHUKADAVIL VEEDU, NEAR KAITHARAM SCHOOL, KOTTUVALLI VILLAGE, ERNAKULAM DISTRICT, NOW RESIDING AT KADATHUKADAVIL HOUE, CHERAI, ERNAKULAM - 683 514. BY ADV. SMT.JEENA JOSEPH SMT.GISA SUSAN THOMAS RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 647 OF 2009 OF VALAPPAD POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2438 of 2011 ------------------------------------------------ Dated this the 1st day of April, 2011 ORDER Petitioner, who is accused No.4 in C.C.No.354 of 2010 on the file of the Judicial Magistrate of the First Class, Kodungalloor, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.354 of 2010 on the file of the Judicial Magistrate of the First Class, Kodungalloor, 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 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, 2011. V.RAMKUMAR, JUDGE. skj