IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Bail Appl..No. 6798 of 2010() ----------------------------- CC.118/2002 of J.M.F.C.-I, MAVELIKKARA CRIME NO.216/1999 OF KURATHIKAD POLICE STATION .................... PETITIONER/ACCUSED ------------------------------------ MAHESH, AGED 35 YEARS, S/O.SANKARA NARAYANA PILLAI, KOLLAKAYIL, UMBERANADU PO,KALLUMALA,MAVELIKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.VINCENT JOSEPH SRI.M.R.ARUN KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. ------------------------------- Bail Application No. 6798 of 2010 ---------------------------------------------- DATED: 29th day of October, 2010 O R D E R Petitioner, who is the 2nd accused in Crime No.216/1999 of Kurathikad Police Station for offences punishable under Sections 143, 147, 149, 324, 452, 427 and 308 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in C.C.No.118/2002 on the file of the J.F.C.M Court-I, Mavelikkara, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.157/2002. 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. dmb