IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Bail Appl..No. 4885 of 2011() ------------------------ CRIME NO. 114 OF 1990 OF POONTHURA POLICE STATION .................... PETITIONER/30TH ACCUSED ---------------------- NAZAR, S/O.MOHAMMED, T.C.48/189, PALLI STREET, POONTHURA, THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. - 682 031 PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4885 of 2011 ------------------------------- DATED: 20-06-2011 O R D E R Petitioner who is the 30th accused in Crime No. 114 of 1990 of Poonthura Police Station for offences punishable under Sections 143, 147, 148, 149, 324, 332, 295 (A) 153 (A), 307 and Sections 3 and 4 of Explosive Substance Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner before the J.F.C.M. II, Thiruvananthapuram, the case against him was transferred to the Long Pending Case Register as L.P. 10 of 2009. Admittedly, 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. The petitioner shall also highlight the fact the co-accused in the case were acquitted after trial. With the above observation this application is disposed of . Dated this the 20th day of June, 2011. V.RAMKUMAR, JUDGE. ani/