IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Bail Appl..No. 1492 of 2011() ----------------------------------------- (CC.NO.156/2008 OF CHIEF JUDICIAL MAGISTRATE COURT,PALAKKAD) ... (CRIME NO.207/2005 OF PALAKKAD TOWN NORTH POLICE STATION) PETITIONER : ACCUSED NO.2: ----------------------------------------------- RAJAN, AGED 54 YEARS, S/O.CHELLAPPAN, 15A, VAISHNAVI GARDEN, CHINNATHIRUPATHI, SELAM, TAMIL NADU. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O., PALAKKAD TOWN NORTH POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1492 of 2011 ----------------------------------------------------- Dated this the 23rd day of February, 2011 ORDER The petitioner, who is accused No.2 in C.C.No.156 of 2008 on the file of the Chief Judicial Magistrate, Palakkad, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.156 of 2008 on the file of the Chief Judicial Magistrate, Palakkad, 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. Bail Appln.No.1492/2011 : 2 : 3. The petitioner will be entitled to submit before the Magistrate that the co-accused in the case have already been acquitted after trial. With the above observation this application is disposed of. Dated this the 23rd day of February, 2011. V.RAMKUMAR, JUDGE. skj