IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Bail Appl..No. 7344 of 2010() ----------------------------- SC.959/2006 of ADDL. DISTRICT COURT (ADHOC), KOLLAM CRIME NO. 115 OF 2004 OF EAST KALLADA POLICE STATION .................... PETITIONER/8TH ACCUSED -------------------- ABHILASH, S/O. RAGHAVAN, CHIRAKKARODU VEEDU, THRIKKARODU VEEDU, THRIKKADAVOOR VILLAGE, KOLLAM BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 7344 of 2010 ------------------------------- DATED: 10th November, 2010 O R D E R Petitioner who is the 8th accused in Crime No. 115 of 2004 of East Kallada Police Station for an offence punishable under Section 397 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in S.C. No. 959/2006 on the file of the Addl. District & Sessions Court (Adhic – I) Kollam, 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 Sessions Court and seek regular bail. Accordingly, if the petitioner surrenders before the Sessions Court and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the Bail Application No. 7344 of 2010 -:2:- 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 10th day of November, 2010. V.RAMKUMAR, JUDGE. ani/