IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 7673 of 2010() --------------------------------------- CRIME NO.125/2008 OF KOTTARAKARA POLICE STATION. .......... PETITIONER/ACCUSED NO.1 ------------------------------------------- SHIBU,S/O.MASOOD RAUTHER,SHAJAHAN MANZIL CHAKKUVARIKKAL VILLAGE,TALACHIRA MURI, KOTTARAKKRA TALUK. BY ADV. SRI.TOJAN J. VATHIKULAM RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,KOTTARAKARA POLICE STATION, REPRESENTED BY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No. 7673 of 2010 ------------------------------- DATED: 03-12-2010 O R D E R Petitioner who is the first accused in Crime No. 125 of 2008 of Kottarakkara Police Station for offences punishable under Sections 447, 323, 324, 506 (1) read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 520 of 2008 on the file of the J.F.C.M. I, 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 Bail A.No.7673 of 2010 -:2:- 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 . Dated this the 3rd day of December, 2010. V.RAMKUMAR, JUDGE.