IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6724 of 2010() ----------------------------- CC.134/2009 of J.M.F.C.-I, KOLLAM CRIME NO. 847 OF 2008 OF KUNDARA POLICE STATION .................... PETITIONER/ACCUSED ---------------------------------- JOHNSON FRANCIS, EDAVATTOM, VELLIMON PO, KUNDARA, KOLLAM DISTRICT. (A1). BY ADV. SRI.S.M.ALTHAF RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 6724 of 2010 ------------------------------- DATED: 18th October, 2010 O R D E R Petitioner who is the accused in Crime No. 847 of 2008 of Kundara Police Station, Kollam District for an offence punishable under Section 498 A read with Sec. 34 I.P.C. and whose case is now pending before the J.F.C.M. I, Kollam as C.C. No. 134 of 2009, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above case, 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. ani