IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 8136 of 2010() -------------------------------------- CP.202/2010 of J.M.F.C.,KASARAGOD CRIME NO.214/2008 OF KASARAGOD POLICE STATION, KASARAGOD. .................... PETITIONER (S): ACCUSED --------------------------------------- 1. RASHEED, AS, S/O. ABDULLA, CHOORI POST, R.D.NAGAR, KASARAGOD. 2. SIYAB A7, S/O. SULAIMAN, SOORLU POST, R.D. NAGAR, KASARAGOD. 3. SHERIF A8, S/O. ABDULLA CHOORI POST, R.D.NAGAR, KASARAGOD. BY ADVS. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.8136 of 2010 ------------------------------------------------------ Dated this the 06th day of December, 2010 ORDER The petitioners, who are accused Nos.1, 7 & 8 in Crime No.214 of 2008 of Kasaragod Police Station, for offences punishable under Sections 143, 147, 148, 341, 323, 308 & 153(A) read with Section 149 I.P.C., seek anticipatory bail. 2. Consequent on the non-appearance of the petitioners in C.P.No.202 of 2010 on the file of the Judicial Magistrate of the First Class, Kasaragod, 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 Bail Appln.No.8136/2010 : 2 : 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, if any. With the above observation this application is disposed of. V.RAMKUMAR, JUDGE skj