IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 Bail Appl..No. 316 of 2011() -------------------------------------- CRIME NO.202/08 OF VELLAYIL POLICE STATION, KOZHIKODE DISTRICT C.C.NO.732/2008 OF JFCM COURT-IV, KOZHIKODE ------------------------- PETITIONER/ACCUSED ----------------------------------- SHAJI, S/O. VASUDEVAN, CHERIYAPURAYIL HOUSE, JOSEPH ROAD, KASABA AMSOM DESOM. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, VELLAYIL POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No. 316 of 2011 ------------------------------- Dated this the 12th day of January, 2011 O R D E R Petitioner who is the accused in Crime No. 202 of 2008 of Vellayil Police Station, Kozhikode for offences punishable under Sections 341, 323 and 506 (1) of I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 732 of 2008 on the file of the J.F.C.M-IV, Kozhikode, 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 Bail A.No. 316 of 2011 -:2:- 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 12th day of January, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge