IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7201 of 2010()
1. MUHAMMED SHIHAB, AGED 27 YEARS,
... Petitioner
2. SHAMSUDHEEN HAJI, 40 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 7201 of 2010
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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