IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Bail Appl..No. 1446 of 2009() ----------------------------- CC.945/2008 of J.M.F.C.-I,KOCHI CRIME NO. 471/2005 OF NARAKKAL POLICE STATION PETITIONER/ACCUSED NO.3 ------------------------------------------- SEBASTIAN, S/O.ENASI, MUTTATHIPARAMBIL VEEDU, PANIKKARUPADY BHAGAM, MURUKKUMPADAM KARA, PUTHUVYPPU VILLAGE, KOCHI TALUK. BY ADV. SRI.T.I.DANIEL SRI.V.E.NAVAS RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION, NARAKKAL. PUBLIC PROSECUTOR SRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No.1446 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 31st day of March, 2009 O R D E R Petitioner who is the 3 rd accused in Crime No. 471/2005 of Narakkal Police Station for an offence punishable under Section 498A read with Section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No.568/2006 on the file of the Judicial First Class Magistrate Court-I, Kochi, the case against him has been re-filed as C.C. No.945/2008. 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. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.