IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 Bail Appl..No. 87 of 2011() ------------------------------------ CRIME NO. 268/2000 OF MALAPPURAM POLICE STATION C.C.NO. 521/2000 OF JFCM, MALAPPURAM C.C.NO. 854/2010 OF JFCM, MALAPPURAM ----------------- PETITIONER: ---------------------- 1. HUSSAIN KOYA THANGAL, S/O.KUNHI SEETHIKOYA THANGAL, DILSHAD MAHAL, ALATHOOR PADI,MELMURI 2. PUTHIYA MALIYEKKAL, SAYYID ILLAS, AHAMMED, S/O.HUSSAINKOYA THANGAL, DILSHAD MAHAL, ALATHOOR PADI, MELMURI BY ADVS. SRI.P.M.RAFIQ SRI. M. REVIKRISHNAN RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.THE C.I.OF POLICE MALAPPURAM POLICE STATION BY PUBILC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No. 87 of 2010 ------------------------------- DATED: 5th January, 2011 O R D E R Petitioners who are the accused in Crime No. 268 of 2000 of Malappuram Police Station for offences punishable under Sections 39 and 39 A of Indian Electricity Act and under Sec. 379 read with Sec. 34 I.P.C. and now pending before the J.F.C.M. Malappuram as C.C. No. 854 of 2010, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners, 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 petitioner for his previous non-appearance. With the above observation this application is disposed of . Dated this the 5th day of January, 2011. V.RAMKUMAR, JUDGE. ani/