IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 5972 of 2010() ----------------------------- (CRIME NO.536/2009 OF MATHILAKAM POLICE STATION) CC.797/2009 of J.M.F.C., KODUNGALLUR .................... (S): PETITIONER/1ST ACCUSED ------------------------------------------ 1. KRISHNAN, AGED 66 YEARS, S/O. VELUNNI, THAIKKATT HOUSE, CHACHAMARAM BEACH, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. MANI, AGED 39 YEARS, S/O. KRISHNAN, THAIKKATT HOUSE, CHACHAMARAM BEACH, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5972 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 1st day of October, 2010 ORDER The petitioners, who are accused Nos.1 & 2 in Crime No.536 of 2009 of Mathilakam Police Station for offences punishable under Sections 448, 323 & 354 read with Section 34 I.P.C, seek anticipatory bail. Consequent on the non-appearance of the petitioners before the Judicial Magistrate of the First Class, Kodungallur in C.C.No.797/2009, non-bailable warrants 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 Judicial Magistrate of the First Class, Kodungallur and seek regular bail. Accordingly, if the petitioners surrender before the Judicial Magistrate of the First Class, Kodungallur 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 skj