IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Bail Appl..No. 4029 of 2011() ------------------------ CRIME NO. 572 OF 2006 OF KADAKKAL POLICE STATION .................... PETITIONER/ACCUSED ------------------ RAFI, S/O. ISMAIL, AGED 30 YEARS, RAFI MANZIL, THUDAVANNOOR, ITTIVA, KOLLAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 4029 OF 2011 ------------------------------- DATED: 25-05-2011 O R D E R Petitioner who is the accused in Crime No. 572 of 2006 of Kadakkal Police Station for offences punishable under Sections 279, 337 and 304 (A) I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 517 of 2007 on the file of the J.F.C.M. II, Kottarakkara, 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 . Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge