IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1920 of 2009() ----------------------------- CC.1176/2005 of J.M.F.C. - I, ETTUMANUR CRIME NO. 125/2005 OF GANDHINAGAR POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- ABHILASH, S/O.MANOHARAN, ABHILASH BHAVAN, ATTARIKONE KARA, OMALLOOR VILLAGE, PATHANAMTHITTA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO.125 OF 2005 OF GANDHINAGAR POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1920 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of April, 2009 O R D E R Petitioner who is the accused in Crime No. 125/2005 of Gandhinagar Police Station for offences punishable under Sections 143, 147, 149, 341 and 323, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.1176/2005 on the file of the Judicial First Class Magistrate Court, Ettumanoor, 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 . V. RAMKUMAR, JUDGE. mn.