IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Bail Appl..No. 2638 of 2011() ----------------------- CC.571/2010 of J.M.F.C.-I,HOSDRUG Crime No. 422 of 2009 of Chandera Police Station PETITIONERS : ACCUSED NOS.2.,3. ------------------------------------- 1. T.M.A.SULAIMAN, AGED 35 YEARS, S/O .LATE A.R.KAREEM, RESIDING AT VADEKKEPRAM, P.O. PADNE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. T.M.A.ARIF, AGED 30 YEARS, S/O. LATE A.R.KAREEM, RESIDING AT VADEKKEPRAM, P.O.PADNE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH SMT.M.SHAZIA SULTHANA RESPONDENT(S): STATE & COMPLAINANT. ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE STATION HOUSE OFFICER, (CRIME NO.422/2009 OF CHANDERA POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2638 of 2011 ------------------------------- DATED: 30-03-2011 O R D E R Petitioners who are accused Nos. 2 and 3 in Crime No. 422 of 2009 of Chandera Police Station for an offence punishable under Sec. 420 read with Sec. 34 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No.571 of 2010 on the file of the J.F.C.M. I, Hosdurg, 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 his previous non-appearance. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. ani/