IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1777 of 2010() ----------------------------- CC.366/2009 of J.M.F.C., CHALAKUDY O.R. NO. 4/2004 of VELLIKULANGARA FOREST RANGE .................... PETITIONER/ACCUSED:- --------------------------- DAISON, S/O.DAVIS, MALIAKKAL HOUSE, KODAKARA VILLAGE, KANAKAMALA. BY ADV. MR. NAGARAJ NARAYANAN MR. SAIJO HASSAN MR. S.J.SHAJ MOHAN RESPONDENT:- ----------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No. 1777 of 2010 ======================= Dated this the 5th day of April, 2010. O R D E R Petitioner who is the accused in O.R. No. 4 of 2004 of Vellikulangara Forest Range for offences punishable under Sections 27 (1)(e), (iii) and (iv) of the Kerala Forest Act, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C. No. 366 of 2009 on the file of the Judicial First Class Magistrate, Chalakudy, 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . Dated this the 5th day of April, 2010. V.RAMKUMAR, JUDGE. rv