IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1348 of 2011() ----------------------------- CRIME NO.604/2010 OF KASBA POLICE STATION, PALAKKAD CP.5/2011 of J.M.F.C.-I,PALAKKAD .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- JESTO VARGHESE, AGED 32 YEARS, S/O.VARGHESE, KOTTAKKAL HOUSE, KARAYAMPARAMBU, KARUKUTTY VILLAGE, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PALAKKAD. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1348 of 2011 ----------------------------------------------------- Dated this the 28th day of February, 2011 ORDER Petitioner, who is accused No.3 in C.P.No.5 of 2011 on the file of the Judicial Magistrate of the First Class-I, Palakkad, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.5 of 2011 on the file of the Judicial Magistrate of the First Class-I, 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 bearing in mind the B.A.No.1348/2011 2 decision in Sukumari v. State of Kerala - 2001 (1) KLT 22 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 28th day of February, 2011. V.RAMKUMAR, JUDGE. skj