IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Bail Appl..No. 2934 of 2011() ----------------------------- CC.712/2004 of JUDICIAL FIRST CLASS MAGISTRATE -I,VARKALA CRIME NO. 93/2003 of VARKKALA POLICE STATION .................... PETITIONER/ACCUSED-A2:- ------------------------------- YAHYA, AGED 26 YEARS, S/O.ABDUL SALAM, VAYLIL VEEDU, CHITTILAKKADU, VETTOOR VILLAGE, CHIRANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 2934 of 2011 ------------------------------- Dated this the 7 th day of April, 2011. O R D E R Petitioner who is the 2nd accused in C.C.No. 712 of 2004 on the file of Judicial First Class Magistrate-I, Varkala, seeks anticipatory bail. 2. 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.