It appears that the petitioners earlier approached this court
by way of a petition (Crl. Misc. No. M-33381 of 2010), which was
disposed of on 15th November, 2011 (as stated in note-I on page 19 of
the petition). Admittedly, in the said petition preferred under Section
438 Cr.P.C., the State counsel had given an undertaking that in case the
petitioners are sought to be arrested, at least three days notice would be
given to them. On a query being put to Mr. Saggar whether any notice
pursuant to said order has been received by the petitioners, he has
replied in the negative. In view of the fact that no notice has been
received by the petitioners till now, there is nothing to suggest that there
is apprehension of arrest of the petitioners. Needless to observe that
registration of FIR does not necessarily mean that petitioners are likely
to be arrested, particularly when no notice has been served on them till
now. This apart, this court feels that a petition for pre-arrest bail should
normally be preferred before the court of Sessions in the first instance
despite concurrent jurisdiction vested in this court. Same was the
Crl. Misc. No. M-34710 of 2010 3
view of the Kerala High Court in the judgment reported as Usman Vs.
The Sub-Inspector of Police and another, 2003 (4) R.C.R. (Criminal)
814, where self imposed rule of restriction despite concurrent
jurisdiction vested in the High Court was approved except in
exceptional circumstances (para 37).