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. 836 of 2010() ---------------------------- LP.31/2008 of J.M.F.C.,VARKALA .................... PETITIONERS/ACCUSED --------------------------------------- 1. AJI, SON OF SALAHUDHEEN, PADINJATTE THEKKEVILA, OODAYAM, EDAVA. 2. BADARUDHEEN, SON OF ABDUL SALAM, MELKKUNNIL, CHUNAKULAM, EDAVA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.NIYAS A.SALAM SRI.P.K.NIJOY SMT. NISHA G. THARAMAL RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.836 of 2010 ------------------------------- DATED: 24.03.2010 O R D E R Petitioners who are accused Nos.1 and 4 in C.C.No. 1512/2005 on the file of J.F.C.M-I, Varkala, seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioners, the case against the petitioner has been transferred to the Long Pending Case Register as L.P. Case No.31 of 2008. 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 file 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 petitioners and also 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. sj