CHINNASWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS, who are accused Nos.1 to 3 in Crime No.1769/2009 of North Police Station, Ernakulam for offences punishable under Sections 420, 406, 506(ii) and 323 I.P.C, seek anticipatory bail. Consequent on the non-appearance of the petitioners before the C.J.M Court, Ernakulam in C.C.No.57/2010, non-bailable warrant of arrest are pending against the petitioners.

(2.) 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 C.J.M Court, Ernakulam and seek regular bail. Accordingly, if the petitioners surrender before the C.J.M Court, Ernakulam and file an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioners. This Bail Application is, accordingly, disposed of.