IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7646 of 2010() ----------------------------- AGAINST THE ORDER IN LP.61/2009 IN CP.124/2008 of J.M.F.C., KODUNGALLUR .................... (CRIME NO.230/2008 OF VALAPPAD POLICE STATION,THRISSUR DISTRICT) ....... PETITIONERS:ACCUSED: --------------------------------------- 1. PAVITHRAN,S/O.RAMANATHAN, AGED 44 YEARS, KARAYIL HOUSE, KZHIPRAM DESOM, VALAPPAD VILLAGE, THRISSUR DISTRICT. 2. SHAJI DAS, S/O. PUSHPANGADAN, AGED 41 YEARS, KARAYIL THEKOOTT HOUSE, KZHIPRAM DESOM, VALAPPAD VILLAGE,THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE: ---------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.7646 of 2010 ------------------------------- Dated this the 30th day of November, 2010 O R D E R Petitioners, who are accused Nos. 2 and 4 in C.P.No.124/2008 on the file of the J.F.C.M, Kodungallur, seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.124/2008 on the file of the J.F.C.M, Kodungallur, the case against the petitioners has been transferred to the Long Pending Case Register as L.P. Case No.61/2009. Admittedly, 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 day 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 30th day of November, 2010. V.RAMKUMAR, JUDGE. sj