IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 8082 of 2010() ---------------------------------------- ( C.C.NO.266 OF 2006 OF JFCM COURT-I, MUVATTUPUZHA, IN CRIME NO. 55/2006 MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT.) ---------------------- PETITIONERS/ACCUSED 1& 3 ------------------------------------------- 1. KABIR, S/O. HUSAIN RAWTHER, PARACKAL HOUSE, MARADY KARA, MUVATTUPUZHA. 2. SALIM, S/O. HAMID, POTTEKANDATHIL HOUSE, MARADY KARA, MUVATTUPUZHA. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): ------------------------- THE S.I. OF POLICE, MUVATTUPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.8082 of 2010 ------------------------------------------------ Dated this the 03rd day of December, 2010 ORDER The petitioners, who are accused Nos.1 & 3 in Crime No.55 of 2006 of Muvattupuzha Police Station, for offences punishable under Sections 341, 323, 324 & 427 read with Section 34 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No.266 of 2006 on the file of the Judicial Magistrate of the First Class-I, Muvattupuzha, 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 Bail Appln.No.8082/2010 : 2 : 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