IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 1640 of 2009() ----------------------------- CRIME NO. 247/1996 OF THAMPANOOR POLICE STATION PETITIONER:-- ------------------------------- UNNIKRISHNAN, S/O.NARAYANAN NAIR, VARIKOTTIL HOUSE, KARUVATTA, ALAPUZHA DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1640 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of April, 2009 O R D E R Petitioner who is the 5th accused in Crime No. 247/1996 of Thampanoor Police Station for an offence punishable under Sections read with Section 420 read with section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 47/2000 on the file of the Judicial Magistrate of the First Class-III, Thiruvananthapuram, 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 BA 1640/09 -2- 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.