IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Bail Appl..No. 2114 of 2011() ----------------------------- CRIME NO.250 OF 2006 OF VELLIKULANGARA POLICE STATION CP.161/2009 of J.M.F.C. - I, CHALAKUDY .................... PETITIONER/ACCUSED: --------------------------------------- BINOY, S/O.JOSE, THOTTANKARA HOUSE, NEELESWARAM P.O., KOTTAMAM, KALADY. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: COMPLAINANTS: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, KALADY POLICE STATION, ERNAKULAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE, CHALAKUDY POLICE STATION, THRISSUR DISTRICT. 3. SATHYABHAMA, W/O.SATHYAVAN, MUNDAYKKA VEEDU, KUNDUKUZHIPADAM, KUTTICHIRA, MUKUNDAPURAM TALUK, THRISSUR-680 724. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2114 of 2011 ------------------------------------------------ Dated this the 28th day of March, 2011 ORDER Petitioner, who is the accused in C.P.No.161 of 2009 on the file of the Judicial Magistrate of the First Class, Chalakkudy, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P.No.161 of 2009 on the file of the Judicial Magistrate of the First Class, Chalakkudy, 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 28th day of March, 2011. V.RAMKUMAR, JUDGE. skj