IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6147 of 2010() ---------------------------------- (CRIME NO.290/2009 OF HOSDURG POLICE STATION C.P. NO.127/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG, KASARAGOD DISTRICT) .............. PETITIONERS/ACCUSED NO.3 & 5 ---------------------------------------- 1. ABDUL BASHEER, AGED 36 YEARS, S/O.KUNHAMMED, RESIDING AT KARAKUNNU, MUKKOOT, PO.KEEKAN,CHITTARI VILLAGE, KASARGODE DISTRICT. 2. RIYAS, AGED 25 YEARS, S/O.MOIDU,RESIDING AT KARAKUNNU, MUKKOOT, PO.KEEKAN,CHITTARI VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE ---------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.6147 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 7th day of October, 2010 ORDER Petitioners, who are accused Nos. 3 and 5 in Crime No.290/2009 of Hosdurg Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 307 read with 149 I.P.C, seek anticipatory bail. Consequent on the non- appearance of the petitioners before the J.F.C.M Court-I, Hosdurg in C.P.No.127/2010, non-bailable warrant of arrest are pending against the petitioners. 2. 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 J.F.C.M Court-I, Hosdurg and seek regular bail. Accordingly, if the petitioners surrender before the J.F.C.M Court-I, Hosdurg 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. This Bail Application is, accordingly, disposed of. V. RAMKUMAR, (JUDGE) dmb