IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Bail Appl..No. 3988 of 2011() ----------------------------- CRIME NO. 63 OF 2033 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA .................... ACCUSED:PETITIONER --------- ASHOKAN, S/O. KUTTAPPAN, KAIPPALLI KIZHAKKATHIL, VALLIKKUNNAM VILLAGE BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, REPRESENTED BY SUB INSPECTOR, VALLIKKUNNAM PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.3988 of 2011 ------------------------------- DATED: 24 th May, 2011 O R D E R Petitioner who is the 4th accused in Crime No. 63 of 2003 of Vallikkunnam Police Station, Alappuzha District for o0ffences punishable under Sections 323, 324 and 326 read with Sec. 34 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 229 of 2010 on the file of the J.F.C.M. I, Kayamkulam, 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 . Dated this the 24th day of May, 2011. Sd/-V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge