IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7342 of 2010() ------------------------------------------ (C.C.NO.355/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, SULTHAN BATHERY) ....... (CRIME NO.20/2008 OF SULTHAN BATHERY POLICE STATION) PETITIONERS/ACCUSED 2 TO 4: ----------------------------------------------- 1. FATHIMA ASHARAF, W/O.ASHARAF, 42 YEARS, MAVATHPARAMBIL HOUSE, CHANGALAPALAM, POST THOZHIPALAM, PALAKKAD. 2. P.K.SIDHIQ, S/O.SIDHIQ, 54 YEARS, PAZHAMKULAM HOUSE, MANGALAM POST, LAKKIDI, PALAKKAD DISTRICT. 3. KADHEEJA M.P., W/O.MOIDEEN, 70 YEARS, CHIRALAMPURAM, LAKKIDI PEROOR, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI. R.SREEHARI. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O., SULTHAN BATHERY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7342 of 2010 ------------------------------------------------ Dated this the 22nd day of November, 2010 ORDER The petitioners, who are accused Nos.2 to 4 in C.C.No.355 of 2008 on the file of the Judicial Magistrate of the First Class-I, Sulthan Bathery, for offences punishable under Sections 120B, 420 & 495 read with Section 34 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No.355 of 2008 on the file of the Judicial Magistrate of the First Class-I, Sulthan Bathery, non-bailable warrants of arrest are pending against the petitioners. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioners should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate and file an application for regular bail within two weeks from today, the same shall be considered and Bail Appln.No.7342/2010 : 2 : disposed of preferably on the same day on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioners and also after considering the explanation offered by the petitioners for their previous non-appearance, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj