IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5286 of 2011() ---------------------- CP.16/2009 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/13TH ACCUSED: ---------------------- RAJESH KUMAR, S/O.SASIDHARAN, AGED 30 YEARS, RATHEESH BHAVAN, VADAKKEVAYAL, PULIPPARA P.O., KADAKKAL. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR, KADAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.5286 of 2011 ------------------------------- DATED: 30-06-2011 O R D E R Petitioner who is the 13th accused in Crime No. 208 of 2007 of Kadakkal Police Station for offences punishable under Sections 143,147, 148, 323, 324 and 308 read with Sec. 149 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 16 of 2009 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 Bail A.No. 5286 of 2011 -:2:- 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 30th day of June, 2011. V.RAMKUMAR, JUDGE. ani/