IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10628 of 2011 --------------------------------------- [CRIME NO.11/2010 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT] .................... PETITIONER/ACCUSED NOS. 2,5,9: -------------------------------------------------- 1. MOHAMMED SHEREF, S/O.ABOOBACKER, R/ AT THALAKKI HOUSE, P.O.PATHAR,VORKADY, MANJESHWARA,KASARAGOD DIST. 2. UMMER, AGED 41 YEARS, S/O.ABBA BEARY, R/ AT MADA HOUSE, SALATHUR, BANATHWAL TALUK,KARNATAKA STATE 3. ABDUL MAJEED.D, AGED 32 YEARS, S/O.MONA HAJEE @ AHAMMED HAJEE, R/AT DAIDAL HOUSE, P.O.VORKADY, MAJESHWARA, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MANJESHWAR, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. R. RANJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. V. RAMKUMAR, J. ------------------------------- Bail Application No.10628 of 2011 ------------------------------- DATED: 19-12-2011 O R D E R Petitioners who are accused Nos. 2, 5 and 9 in Crime No. 11 of 2010 of Manjeshwar Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 365 and 308 read with Sec. 149 I.P.C. seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners before the J.F.C.M.,Kasaragod, in the above case, 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 date 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 . Dated this the 19th day of December, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge