IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Bail Appl..No. 2043 of 2011() ---------------------------------------- (S.T.NO.984/2004 IN CRIME NO.32/2004 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM DISTRICT) --------------------------- PETITIONER/ACCUSED ----------------------------------- 1. S.NIZAM, S/O.SEYDALI, SHAMSIYA MANZIL, VELLOOR, ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM. 2. S.ABDUL RAHEEM, S/O. SHQHUL HAMEED, THADATHARIKATH VEEDU, CHATHENNAD, KONCHIRA, VEMBAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, CANTONMENT POLICE STATION, TRIVANDRUM BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2011, HE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No.2043 of 2011 ------------------------------- DATED: 11.03.2011 O R D E R Petitioners, who are accused Nos.1 and 3 in S.T.No.984/2004 on the file of J.F.C.M-III, Thiruvananthapuram, seek anticipatory bail. 2. 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 . Dated this the 11th day of March, 2011. V.RAMKUMAR, JUDGE. sj