IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Bail Appl..No. 5415 of 2010 (B) ----------------------------- (CP.28/2010 of JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ATTINGAL) (CRIME NO.36/2005 OF KADINAMKULAM POLICE STATION). .................... PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SAJAD, S/O.SAINUDEEN, SAJAD SADANAM, WEST OF PUTHUKURICHI MOHIYUDEEN PALLI, PUTHUKURICHI DESOM, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM. 2. SAJEEV, S/O.SAINUDEEN, SAJAD SADANAM,WEST OF PUTHUKURICHI MOHIYUDEEN PALLI PUTHUKURICHI DESOM, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENTS/STATE & COMPLAINANT --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5415 of 2010 * * * * * * * * * * * * * * * * * * Dated: 09.09.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.36/2005 of Kadinamkulam Police Station, seeks anticipatory bail. Consequent on the non-appearance of the petitioners before the J.F.C.M-I, Attingal, the case against them was re-filed as C.P.No.28/2010. Admittedly, non-bailable warrant of arrest are pending against the petitioners. 2. 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 court below and file an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioners. This Bail Application is, accordingly, disposed of. V. RAMKUMAR, (JUDGE) sj