IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3208 of 2011() ----------------------------------------- CRIME NO.43/2008 OF E.T.SOUTH POLICE STATION, ERNAKULAM DISTRICT ------------------------------- PETITIONER /PETITIONER ---------------------------------------- DEEPAK DAYAL, AGED 45, S/O.KESHAV DAYAL, J5-19, DLF, PHASE-II, GURGAON-122 002, HARYANA STATE. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S)/RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No.3208 of 2011 ------------------------------- DATED: 03.05.2011 O R D E R Petitioner, who is the 5th accused in C.C.No.1900/2009 on the file of ACJM, Ernakulam, seeks anticipatory bail. 2. Admittedly, 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 one month 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 May, 2011. V.RAMKUMAR, JUDGE. sj