IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH DECEMBER 2006 / 13TH AGRAHAYANA 1928 Bail Appl..No. 7145 of 2006() ----------------------------- C.C.NO.635/98 OF JFCM, JAMSHEDPUR. : PETITIONER --------------------------- T.SASIKUMAR, S/O.T.R.UNNIKRISHNAN, AGED 61 YEARS, `UPASANA', VYTTILA P.O., KOCHI. BY ADV. SRI.V.B.HARI NARAYANAN SMT.M.J.RAJASREE RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD, COCHIN. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- B.A.No. 7145 OF 2006 ----------------------------------------------------------- DATED THIS THE 4TH DAY OF DECEMBER, 2006 O R D E R Petitioner who is the first accused in C.C.No.635/98 on the file of J.F.C.M., Jamshedpur for offences punishable under sections 406 and 420 IPC, seeks anticipatory bail. 2. Admittedly, consequent on the non-appearance of the petitioner, non-bailable warrant of arrant is pending against the petitioner. Anticipatory bail cannot be granted so as to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the said Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail, within three weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed after examining the explanation offered by the petitioner for his previous non-appearance. With this observation, this application is dismissed. V.RAMKUMAR, JUDGE dsn