IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Bail Appl..No. 4972 of 2011() ----------------------------- CRIME NO.136/2005 OF PERUMPADAPPU POLICE STATION PETITIONERS/ACCUSED NOS.3 TO 5 ---------------------------------- 1. FAROOQUE, S/O. ALI MOHAMMED, POTTADYIL HOUSE, AYIROOR AMSOM, PUTHIYURUTHI DESOM, MALAPPURAM DISTRICT. 2. SHAJI, S/O. ALI MOHAMMED, POTTADYIL HOUSE, AYIROOR AMSOM, PUTHIYURUTHI DESOM, MALAPPURAM DISTRICT. 3. IBRAHIM, S/O. MOIDEEN, PUTHUPONNAKKARAN, AYIROOR AMSOM, PUTHIYURUTHI DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (STATION HOUSE OFFICER PERUMPADAPPU POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4972 of 2011 ------------------------------------------------ Dated this the 27th day of June, 2011 ORDER Petitioners, who are accused Nos.3 to 5 in L.P.No.51 of 2010 on the file of the Judicial Magistrate of the First Class, Ponnani, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.41 of 2006 on the file of the Judicial Magistrate of the First Class, Ponnani, the case against the petitioners has been transferred to the Long Pending Case Register as L.P.No.51 of 2010. 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 27th day of June, 2011. V.RAMKUMAR, JUDGE. skj