IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Bail Appl..No. 3180 of 2010() ----------------------------- CP.110/2009 of J.M.F.C.-II,NEYYATTINKARA .................... (CRIME NO.423/2007 OF VIZHINJAM POLICE STATION) PETITIONERS/ACCUSED 1 & 3 ----------------------------------- 1. SAINUDEEN, S/O. ASSANARU PILLAI, AGED 56 YEARS, RESIDING AT SHIBU MANZIL, VALIYAPARAMBU, VIZHINJAM, THIRUVANANTHAPURAM. 2. HUSSAIN, S/O. AHAMMED ALI, AGED 53 YEARS KAPPACHALIL VEETTIL, VIZHINJAM VILLAGE, VIZHINJAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): COMPLAINANT STATE AND IVESTIGATING OFFICER ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Bail Appl.No.3180 of 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Petitioners who are the accused Nos.1 and 3 in C.P.No.110/2009 on the file of the Judicial Magistrate of the First Class Court-II, Neyyattinkara, seek Anticipatory bail. 2. Admittedly, 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 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 petitioners for their previous non- appearance. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj