IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10635 of 2011() ------------------------------ * CP.98/2011 of J.M.F.C.-II,TRIVANDRUM .................... (CRIME NO.133/2010 OF KAZHAKKOOTTAM POLICE STATION) ...... PETITIONER(S): ACCUSED: ------------------------------------------ SHEFEEK, S/O.MAHIN KANNU, MANAKKATTUVILAKOM VEEDU, NEAR MISSION HOSPITAL, VADAKKUMBHAGAM, KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENT(S): & STATE: ------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 (C.P.NO.98/2011 ON THE FILE OF THE JUDICIAL FIRSTCLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM). BY PUBLIC PROSECUTOR SRI. R. RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss *The name of the court 'Judicial First Class Magistrate II, Thiruvananthapuram” occuring in the cause title of the final order dated 19.12.2011 in BA 10635/2011 is corrected and substituted as “Judicial First Class Magistrate Court II, Attingal, as per the order dated 23.12.2011 in Crl.M.A.8588/2011 in BA 10635/2011. Sd/- Assistant Registrar V. RAMKUMAR, J. ------------------------------- Bail Application No.10635 of 2011 ------------------------------- DATED: 19.12.2011 O R D E R Petitioner, who is the 3rd accused in C.P.No.98/2011 on the file of J.F.C.M-II, Thiruvananthapuram, 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. sj The name of the court “Judicial First Class Magistrate Court-II, Thiruvananthapuram” occurring in the second line of paragraph 1 of the final order dated 19.12.2011 in B.A.No.10635/2011 is corrected and substituted as “Judicial First Class Magistrate Court-II, Attingal” as per order dated 23.12.2011 in Crl.M.A.No.8588/2011 in B.A.No.10635/2011