IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Bail Appl..No. 2099 of 2011 -------------------------------------- [C.P. NO. 11/2011 OF THE JFMC, PERUMBAVOOR, ERNAKULAM DISTRICT, CRIME NO.2370/2008 OF PERUMBAVOOR POLICE STATION] ............... PETITIONER/ACCUSED NO.5: ------------------------------------------ ASLAM, AGED 22 YEARS, S/O.KARIM, PEEDIKAPARAMBIL HOUSE, VALLAM KARA, CHELAMATTOM VILLAGE, PERUMBAVOOR, ERNAKULAM. BY ADVS. SRI.K.SUNILKUMAR, SMT. JEENA REETHA.K.S. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.2099 of 2011 ------------------------------- DATED: 15-03-2011 O R D E R Petitioner who is the 5th accused in Crime No. 2370 of 2008 of Perumbavoor Police Station, for offences punishable under Sections 143, 147, 148, 341, 307, 323, 324 read with Sec. 149 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 11 of 2011 on the file of the J.F.C.M. Perumbavoor, 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 15th day of March, 2011. V.RAMKUMAR, JUDGE. ani/