IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1693 of 2009() ------------------------ CRIME NO. 111/1992 OF BADIYADUKKA POLICE STATION PETITIONER/ACCUSED ------------------ 1. BUHARI.M., S/O. MUSTHAFA, AGED 38 YEARS RESIDING AT THOTTINKARAYIL VEEDU,KARICON ANCHAL ALAYAMAN, PATHANAPURAM TALUK,KOLLAM DISTRICT. 2. ASHRAF.M, S/O.MUSTHAFA, AGED 28 YEARS RESIDING AT THOTTINKARAYIL VEEDU,KARICON ANCHAL ALAYAMAN, PATHANAPURAM TALUK,KOLLAM DISTRICT. BY ADV. SRI.K.P.RAMACHANDRAN SRI.K.SABU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, BADIIYADUKKA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1693 of 2009 ------------------------------- DATED: 3-04-2009 O R D E R Petitioners who are accused Nos. 1 and 2 in Crime No. 111 of 1992 of Badiyadukka Police Station for an offence punishable under Section 379 I.P.C. seeks anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C. No. 864 of 2007 on the file of the J.F.C. M. Kasaragode, the case against the petitioners have been transferred to the Long Pending Case Register as L.P. Case No. 33 of 2000. 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 . Sd/-V.RAMKUMAR, JUDGE. ani /true copy/