IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Bail Appl..No. 1616 of 2008() ----------------------------- C.C. NO. 247 OF 2008 ON THE FILE OF THE J.F.C.M. III, PUNALUR ACCUSED --------- 1. ASLAM, AGEED 24, S/O.ABDUL SAMAD KOCHUTHUNDIL VEEDU, THAZHATHU VADAKKU PATTAZHY VADAKKEKKARA, PATHANAPURAM. 2. NISSAMUDHEEN, AGED 24 S/O.SHAMSUHEEN RAWTHER, SHANIFA MANZIL THAZHATHU VADAKKU, PATTAZHY VADAKKEKKARA PATHANAPURAM. 3. ANOOP, AGED 25, S/O.RAJAN KALLUMPURATHU VEEDU, THAZHATHU VADAKKU PATTAZHY VADAKKEKKARA, PATHANAPURAM. BY ADV. SMT.VIVEEJA RAVEENDRAN RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE KUNNICODU POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTORSRI.S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.1616 of 2008 ------------------------------- DATED: 13-03-2008 O R D E R The petitioners who are accused Nos. 1 to 3 in C.C. No. 247 of 2008 on the file of the J.F.C.M. III, Punalur in Crime No. 16 of 2007 of Kunnicodu Police Station for an offence punishable under Section 153 (A) read with Sec. 34 I.P.C. seek anticipatory bail. 2. Consequent on the non-appearance of the petitioner in the above C.C. case, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed after considering the explanation offered by the petitioner for his previous non-appearance. With the above observation this application is disposed of . V.RAMKUMAR, JUDGE. ani