IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Bail Appl..No. 4079 of 2011() ----------------------------- CP.101/2010 of J.M.F.C.-I,PALAKKAD CRIME NO.212/2007 OF WALAYAR POLICE STATION .................... PETITIONERS/ACCUSED 3 & 5 -------------------------- 1. SHAFEER, S/O.KUNJAYIN, HOUSE NO.8/13, PULIAKADI VEEDU, ELATHUR, QUILANDI TALUK, KOZHIKODE DISTRICT. 2. MUHAMMED RAHEEZ.T, S/O.AHAMMED KOYA, THOTTODI, CHEMANCHERI, QUILANDI. BY ADV. SRI.JIJO PAUL RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, WALAYAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4079 of 2011 ------------------------------------------------ Dated this the 26th day of May, 2011 ORDER Petitioners, who are accused Nos.3 & 5 in C.P.No.101 of 2010 on the file of the Judicial Magistrate of the First Class-I, Palakkad, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.101 of 2010 on the file of the Judicial Magistrate of the First Class-I, Palakkad, 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. Dated this the 26th day of May, 2011. V.RAMKUMAR, JUDGE. skj