IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6989 of 2010() ----------------------------- CRIME NO. 431 OF 2002 OF KADACKAL POLICE STATION .................... PETITIONER/ACCUSED NO.1 -------------------- Ratheesh @ Jayan, S/o. Gopala Krishnan, Chiravoor Muri, Chithara Village, Kottarakkara BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): ------------- 1. State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam 2. Station House Officer, Kadackal Police Station, Kottarakkara, Kollam District Public Prosecutor Sri. C.S. Hrithwik THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................................... Bail Application No. 6989 2010 ......................................................... DATED: 28-10-2010 O R D E R Petitioner who is the accused in Crime No. 431 of 2002 of Kadackal Police Station for offences punishable under Sections 324, 326, 308 and 427 read with Sec. 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.P. No. 80 of 2005 on the file of the J.F.C.M. II, Kottarakkara, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No. 74 of 2006. 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 Bail A.No.6989 of 2010 -:2:- surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within three 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 October, 2010. V.RAMKUMAR, JUDGE.