IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Bail Appl..No. 7201 of 2010() ----------------------------- CC.15/2008 of J.M.F.C.,ALATHUR CRIME No.493/2007 of ALATHOOR POLICE STATION, PALAKKAD DIST. .................... PETITIONERS/ACCUSED :- --------------------------------------- 1. MUHAMMED SHIHAB, AGED 27 YEARS, S/O.SHAHUL HAMEED, ERACHAM VEETTIL, P.O.VENKIDUNG, CHAVAKKAD, THRISSUR DISTRICT. 2. SHAMSUDHEEN HAJI, AGED 40 YEARS, S/O.SAIDALI HAJI, ERACHAM VEETTIL, P.O.VENKIDUNG, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S) :- ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ------------------------------- Bail Application No. 7201 of 2010 -------------------------------------------- DATED: 12th day of November, 2010 O R D E R Petitioners, who are the accused in Crime No.493/2007 of Alathoor Police Station for an offence punishable under Section 332 read with 34 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.C.No.15/2008 on the file of the J.F.C.M Court, Alathoor, 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 . V.RAMKUMAR, JUDGE. dmb