IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Bail Appl..No. 1168 of 2011() ------------------------------------------ CP.51/2009 OF CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM (CRIME NO.69/2009 OF PONKUNNAM POLICE STATION,KOTTAYAM DISTRICT) ...... PETITIONER/ACCUSED NO.10: -------------------------------------------- NISHIL, S/O.SHAMSUDHEEN, AGED 29 YEARS, PALAKKAL HOUSE, ASHOKAPURAM, ALUVA VILLAGE. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, KOTTAYAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.1168 of 2011 ------------------------------- Dated this the 21 st day of February, 2011. O R D E R Petitioner who is the 10th accused in C.P.No. 40 of 2010 on the file of Judicial First Class Magistrate-II, Kanjirappally, 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 . V.RAMKUMAR, JUDGE. rv