IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 601 of 2011() ---------------------------- (C.C.NO181/08 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ERNAKULAM CRIME NO.20/2008 OF PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT). ------ PETITIONER/ACCUSED -------------------------------- ASEEN, S/O.ASHARAF, VATTAMPILLIKARAYIL HOUSE, KALLIYOD, PANAVOOR.P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ------------------------------------------------- Bail Application No.601 of 2011 -------------------------------------------------- Dated this the 25th day of January, 2011 ORDER The petitioner, who is the sole accused in C.C.No.181 of 2008 on the file of the Judicial Magistrate of the First Class-I, Ernakulam, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.181 of 2008 on the file of the Judicial Magistrate of the First Class-I, Ernakulam, 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 B.A.No.601/2011 2 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. V.RAMKUMAR, JUDGE. skj