IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 670 of 2010() ---------------------------- LP.64/2009 of J.M.F.C.,VARKALA [CRIME NO. 412/05, VARKALA POLICE STATION, THIRUVANANTHAPURAM] .................... PETITIONER/IST ACCUSED ---------------------------------------- JAMSHEED, SON OF JAMALUDEEN, THANGAKKUDY VEEDU, KOORAKKANNI, VARKALA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.NISHA G.THARAMAL RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK V. RAMKUMAR, J. ====================== Bail Application No. 670 of 2010 ======================= Dated this the 24th day of March, 2010. O R D E R Petitioner who is the 1st accused in Crime No.412 of 2005 of Varkala Police Station for offences punishable under Sections 341, 323 and 324 r/w section 34 I.P.C., seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioner in L.P. No. 64 of 2009 on the file of the Judicial First Class Magistrate, Varkala 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 after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non-bailable warrants of arrest against the petitioner. With the above observation this application is disposed of . Dated this the 24th day of March, 2010. V.RAMKUMAR, JUDGE. rv