A SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Petition filed under Sec. 438 Cr.P.C. the petitioners, who are accused Nos.1 to 3 in Crime No.135/2005 of Kasaba Police Station for offences punishable under Sections 341 and 324 read with section 34 I.P.C., seek anticipatory bail. The petitioners were granted bail after cognizance by the JFCM-I, Palakkad in C.C. No.348/2005. Subsequently, consequent on the non-appearance of the petitioners, their bail was cancelled. 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 concerned and seek regular bail. Accordingly, if the petitioners surrender before the JFCM-I, Palakkad 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, after considering the explanation offered by the petitioners for their previous non-appearance, notwithstanding warrants, if any, pending against the petitioners. This application is disposed of as above.