IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH FEBRUARY 2007 / 7TH PHALGUNA 1928 Bail Appl..No. 1096 of 2007() ----------------------------- CC.702/2006 of J.M.F.C.-I,ATTINGAL CRIME NO.251/05 OF CHIRAYINKEEZHU POLICE STATION .................... : PETITIONER/IST ACCUSED. ---------------------------------------- SURESH KUMAR, AGED 36 YEARS, S/O.BHASI, KOZHIYOTTUMADAM, CHIRAYINKEEZHU DESOM, KUNTHALLOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR SMT.V.S.BEENA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTING CHIRAYINKEEZHU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 1096 OF 2007 B ```````````````````````````````````````````````````` Dated this the 26th day of February, 2007 O R D E R Petitioner, who is the first accused in Crime No.251/2005 of Chirayinkeezhu Police Station for offences punishable under sections 498A, 323 and 384 read with section 34 IPC, seeks anticipatory bail. Marriage between the petitioner and the de facto complainant was on 28.8.1998. Two children have been born in that wedlock. Parties are living separate from the year 2004 onwards. 2. Consequent on the non-appearance of the petitioner in C.C.No.72/2006 on the file of the JFCM-I, Attingal, 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 concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. This application is disposed of as above. (V. RAMKUMAR, JUDGE) aks