P HAMSA ALIAS MANU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS who are accused 2 and 3 in Crime No.398/02 of Kozhikode Kasba Police Station for offences punishable under sections 468, 471, 419 and 420 read with section 34 IPC, seek anticipatory bail.

(2.) PRESUMABLY, consequent on the non-appearance of the petitioners before the C.J.M., Kozhikode in C.C.No.121/04, 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 Magistrate concerned 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 examining the grievance of the petitioners that they did not receive summons. This application is disposed of as above.